Home Office announce the end of Covid-19 concession for right to work checks

On 20 April 2021, the Home Office announced the adjusted measures for the right to work checks will come to an end on 16 May 2021.

Between 30 March 2020 and 16 May 2021, employers are permitted to conduct right to work checks for job applicants or existing employees using temporary Covid-19 adjusted check measures.

Adjusted check measures allow employers to carry out a right to work check by:

• Asking the worker to provide a scanned copy or photo of their original documents via email or mobile app. 

• Conducting a video call with the worker and requesting the original documents are presented during the call to allow employers to check the documents against the digital copy. 

• Recording evidence of a digital check by marking the digital copies of the right to work check documents as “adjusted check undertake on [relevant date] due to Covid-19”

Using the online right to work checking service during a video call with the worker, if they hold a current Biometric Residence Permit, Biometric Residence Card or have been granted status in the UK under the EU Settlement Scheme or point-based immigration system.

This week’s announcement means from 17 May 2021 onwards employers must either:

• Check the worker’s original documents; or

• Check the worker’s right to work online, if they have been given a share code.

Retrospective checks

The announcement has also confirmed that employers do not need to conduct retrospective right to work checks for those who had a Covid-19 adjusted right to work check between 30 March 2020 and 16 May 2021 (inclusive).

Employers will maintain a defence against a civil penalty if the right to work check undertaken between 30 March 2020 and 16 May 2021 was done in the prescribed manner, or as outlined in the Covid-19 adjusted checks guidance.

Practical issues

The end of temporary adjustments appears to be another step in the UK Government’s roadmap to end Covid-19 restrictions. However, the reintroduction of pre-Covid-19 right to work checks does not align with the end of stay at home measures and a return to office working in the UK (anticipated to continue until at least late-June 2021 in Scotland and at least 21 June 2021 in England and Wales).

The end of temporary measures means employers may have to operate a hybrid system where job applicants or existing workers are required to meet the employer in-person to provide their original documents for a right to work check. This may have a discriminatory effect on job applicants and workers in high-risk categories who will now be obliged to meet their employer in-person to satisfy the right to work check requirements, or on settled and/or British workers who cannot verify their right to work through an online check.

It is an offence to work illegally in the UK and any individual identified as disqualified from working due to their immigration status may be liable for enforcement action. Employers must contact the Home Office Employer Checking Service if job applicants or workers cannot show the documents required to evidence their right to work.

If you would like any advice or assistance regarding your right to work, or the right to work of your employees, then please do not hesitate to contact one of the experienced solicitors in our immigration team.