COVID- 19 Update: Guidance for Right to Work Compliance

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April 8, 2020
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April 22, 2020

The UK Government has issued temporary changes for those conducting Right to Work in the UK Compliance Checks

“It remains an offence to knowingly employ anyone who does not have the right to work in the UK.”

As of the 30th of March, the UK Government has issued temporary procedural changes to right to work compliance measures.

You can read the guidance in full here

Read further for a brief synopsis of the key legislative changes.

Key Changes

“Checks continue to be necessary and you must continue to check the prescribed documents…”
  • Checks can be carried out over video calls.
  • Job applicants and existing workers can send scanned documents or a photo of documents instead of originals for checks.
  • You must mark this check: “the individual’s contract commenced on [insert date]. The prescribed right to work check was undertaken on [insert date] due to COVID-19.”

Key Considerations

  • If an employee cannot provide any of the accepted documents, refer to the Employer Checking Service.
  • Some individuals will not be able to provide evidence due to the impacts of COVID-19. It is imperative to take extra care to ensure that your business does not discriminate against these individuals. For guidance on this situation, please click here

After COVID- 19 measures end

You must carry out retrospective checks within 8 weeks of the COVID-19 measures ending on existing employees who:

  • started working for you during the crisis.
  • or those who already required a follow-up right to work check.

Both the initial check and the retrospective check must be kept for your records.

Our Right to Work Checks have aided thousands of UK businesses to onboard employees quickly and safely whilst delivering full compliance.
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