The Home Office has resumed illegal working enforcement measures following their temporary suspension because of COVID-19. Employers should be aware that they continue to operate under a duty to conduct right to work checks as prescribed by law. From 21 June 2021, employers must either check the applicant’s original work documents by conducting a manual check or check the applicant’s right to work online.
This means that the employer must once again be in possession of the original documents when carrying out a right to work check either physically present with the individual or virtually using live video unless using the Home Office’s online checking service.
The second significant, upcoming change to the prevention of illegal working regime comes at the end of the EU settlement scheme transition period on 30 June 2021.
Until 30 June, EU workers can continue to present a valid passport or national identity card to prove their eligibility to work to employers. From 1 July, however, new rules will require the employer to be given evidence of the individual’s status under the EU settlement scheme or proof of an appropriate and valid work-based visa.
Employers should ensure that anyone involved in recruitment and onboarding within the organisation understands the changes taking effect from 21 June and 1 July, and the implications of these when conducting document checks.
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