• Adele Marsh

Employment Law Update - Right to Work Checks

On 30th August 2021 the Government announced that the ability to complete Right to Work checks remotely (e.g. via video conference) which was introduced as a response to the 2020 Coronavirus pandemic, will be extended until 5th April 2022.




Prior to the pandemic, only original documents could be used, and they must have been seen by a competent person within the organisation. That person (usually HR or a Line Manager) should normally see the original document, take a photocopy and then certify (by signing and dating on the photocopy) that they have seen the original and checked this against the person presenting the document.


With the Coronavirus pandemic, in-person checks were not viable in a number of businesses so the Government relaxed the rules to allow businesses to take a common sense approach to ID checking.


As the pandemic is continuing into the back end of 2021 and some restrictions will remain in force until early 2022, the Government is allowing businesses to conduct these checks remotely until 5th April 2022.


My HR Business Partner has always advised clients to make as many checks as practically possibly and to ensure that documentation is stored inline with GDPR principles which remain in force even though we have left the EU.


On 30th August 2021 the Government announced that the ability to complete Right to Work checks remotely (e.g. via video conference) which was introduced as a response to the 2020 Coronavirus pandemic, will be extended until 5th April 2022.


Prior to the pandemic, only original documents could be used, and they must have been seen by a competent person within the organisation. That person (usually HR or a Line Manager) should normally see the original document, take a photocopy and then certify (by signing and dating on the photocopy) that they have seen the original and checked this against the person presenting the document.


With the Coronavirus pandemic, in-person checks were not viable in a number of businesses so the Government relaxed the rules to allow businesses to take a common sense approach to ID checking.


As the pandemic is continuing into the back end of 2021 and some restrictions will remain in force until early 2022, the Government is allowing businesses to conduct these checks remotely until 5th April 2022.


My HR Business Partner has always advised clients to make as many checks as practically possibly and to ensure that documentation is stored inline with GDPR principles which remain in force even though we have left the EU.


Use the links below for more information:


Checking a Job applicant’s right to work:

https://www.gov.uk/check-job-applicant-right-to-work


Check an employee’s immigration status:

https://www.gov.uk/employee-immigration-employment-status


Download the ‘Right to work checks: an employer’s guide’:

https://www.gov.uk/government/publications/right-to-work-checks-employers-guide


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