Before the COVID-19 pandemic, all employers had to conduct Right to Work checks. These were usually done in person and required the employer to have sight of original documents.

By the point of the first lockdown in March 2020, it was impossible for in-person checks to take place, so the government allowed Right to Work checks to take place digitally. This has meant that employees have used video calls, scanned documents and sometimes checks via mobile apps.

Originally, in-person checks were due to start again in May 2021, but the government has extended this to June 21st – the start date of the final step in the roadmap to lockdown easing.

What does this mean for you?

As an employer, the return to in-person checking means that you must now check the applicant’s original documents. For employees, you must be in possession of all the relevant documents needed to confirm that you have the right to work in the UK. You must give these documents to your employer – they will be returned to you – so that they can carry out the appropriate checks.

What are the checks?

Employers have a responsibility to check that:

  • The documents are genuine, original and unchanged and belong to the applicant
  • The dates for the individual’s right to work in the UK have not expired
  • Photos are the same across all documents and you are sure they look like the candidate
  • Dates and places of birth are the same across all documents
  • The candidate has permission to do the type of job they have applied for, including any limit on the number of hours they can work
  • For students, you should ask for evidence of their study and holiday times
  • If documents give different names, you should ask for supporting documents, such as a marriage certificate or divorce decree to prove a change of name

Make sure you know what’s needed

There’s a clear guide on the government’s website – the Right to work checks: an employer’s guide. This sets out what’s required in terms of checks for applicants from a range of different areas, including EU, non-EU, EEA and non-EEA applicants. It’s worth checking the guide so that you know exactly what you need to do depending on the candidate.

If you need any support on reintroducing in-person Right to Work checks to your organisation, contact us today.