Temporary right to work checks extended until 30 September 2022

All employers are required to carry out right to work checks on every potential employee before the employee can start work. The purpose of the check is to see whether they are allowed to work for the employer in the UK, which prevents illegal working in the UK.

The checks can be carried out online, or their original documents can be checked. The Government  have published guidance for employers, which includes the list of acceptable documents and penalties for failing to perform the checks.

Since 30 March 2020, as a result of COVID-19, the process was temporarily adjusted:

• Scanned versions (or photographs) of documents could be provided to the potential employer via email or a mobile app, instead of sending originals; and
• The potential employer would then carry out the manual check of the original documents over a video call where the original documents would be held up to the camera to check against the digital copy received.

This end date for the temporary adjusted checks has been deferred to 30 September 2022. One reason the deferral was put in place was to allow employers enough time to make changes to their pre-employment checking processes following COVID-19 working practices. Please see the full Government Guidance here.

From 1 October 2022, employer’s must revert to the original process and check the original documents in person or check the right to work online (if a share code has been provided by the potential employee). Please see the Government Guidance on the original process here.

If you have any queries, please do not hesitate to contact one of our experienced Employment Lawyers on 01202 525333 or employment@ellisjones.co.uk for further advice.