Covid-19 adjusted right to work update
Advice for employers carrying out right to work checks has been updated as a result for Covid-19, replacing 18 June 2021 guidance.
All UK employers must carry out a right to work check for any individual you employ in the UK regardless of nationality, before they start work and undertake repeat checks where required.
UK Visas & Immigration (UKVI) have 'An employer's guide to right to work checks' which UK employers should familiarise themselves with for checking the right to work for all employees. Further guidance can also be found here.
As a result of Covid-19 there is updated advice for employers carrying out right to work checks, the most recent update replaces previous guidance issued on 18 June 2021.
The temporary provisions allowing manual right to work checks to be carried out remotely were due to end at the end of this month (31 August 2021). The adjusted right to work checks will now be extended to 5 April 2022.
When carrying out manual right to work checks this means that:
- Checks can be carried out via video call
- Scanned documents or photographs for checks can be sent using email rather than sending original documents
- Employers should use the Employer Checking Service if a prospective or existing employee cannot provide any of the acceptable documents.
The UKVI have also produced a short video which provides an overview of right to work checks, with full details of these temporary adjustments for manual checks available at GOV.UK.
It is an offence to knowingly employ anyone who does not have the right to work in the UK. If you are found to be employing an illegal worker and have not carried out the prescribed checks, you may face sanctions including:
- A civil penalty of up to £20,000 per illegal worker;
- Criminal conviction of up to 5 years imprisonment and unlimited fine;
- Disqualification as a director;
- Inability to sponsor migrants;
- Reputational damage and business orders issued by the court.
If you are unsure about how the changes will impact you, feel free to get in touch.
Contact
Mark Hickson
Head of Business Development
onlineteaminbox@brownejacobson.com
+44 (0)370 270 6000
Related expertise
You may be interested in...
Legal Update
Employment Healthcare Briefing: December 2024
Legal Update
Employment Rights Bill: Will it cost more to outsource public services and back-office functions?
Legal Update
Navigating workplace sexual harassment laws during the festive season
Legal Update
Navigating the new 'Failure to Prevent Fraud' Offence: What organisations need to know
On-Demand
Managing safeguarding allegations against staff
Opinion
Revolutionising the Workforce: Impact of Get Britain Working White Paper
Legal Update
Supreme Court shines a light on collective agreements
Press Release
Browne Jacobson advises Celtic Freeport as it opens for business
In Person Event
Ascensus and O Shaped workshop: Ethics in the spotlight
Legal Update
What’s in a name: ESG principles and UK local authorities
Opinion
Balancing employer flexibility and employee rights
Legal Update
Right to work update: eVisas
Legal Update
How the Data (Use and Access) Bill will impact the public sector
Opinion
Empowering your workforce: Key tips on adjustments for new starters
On-Demand
Shaping a culture of respect and safety: Preventing sexual harassment in our schools
Legal Update
Top five takeaways for schools on the Employment Rights Bill
Legal Update
Building an inclusive workplace: Strategies for attracting and retaining disabled talent
On-Demand
How schools can grapple with new employment law to thrive in a new era
Press Release
Browne Jacobson advises The Jordon Group on transformative merger
Press Release
Browne Jacobson advises UK’s leading fire protection specialist on key acquisition
Press Release
Browne Jacobson advises IT solutions specialist on sale to Goldman Sachs-backed international digital transformation provider
Online Event
EdCon 2025
Legal Update
Breaking the glass ceiling: Empowering female leadership in the food and drink sector
Legal Update - Employment Rights Bill
What does the Employment Rights Bill mean for employment practices liability insurance?
Opinion - Employment Rights Bill
Beyond the Bill: Exploring the horizon of new employment rights and proposed measures
Legal Update - Employment Rights Bill
Labour’s employment law reforms: Employment Rights Bill unveiled
Legal Update
Expanding the role of school attendance mentors
Press Release
Browne Jacobson advises UK climbing operator on sale to Belgian investment firm
Legal Update
Organisational approaches to ESG and sustainability matters
Legal Update
Balancing acts: Navigating the complex risks in adult social care provision
Legal Update
What the UK Covid-19 Inquiry means for higher education providers
Opinion
New anticipatory duty to prevent sexual harassment at work: final EHRC guidance published
Opinion
Employment tribunal case shines light on mistaken customer communications
Press Release
Browne Jacobson launches new HR services offering in health and social care
Press Release
Browne Jacobson and CBI roundtable explores how to finance public infrastructure post-PFI
Opinion
Navigating the new norms of flexible working and reasonable adjustments
Legal Update
Hybrid working, the right to flexible working and how to make it work for public sector employers
Press Release
Comments on the publication of Universities UK’s (UUK) report
Press Release
An interview with HSBC’s ex-commercial manager
