Right to work: updated guidance 18 June 2021
Reminder for employers that 'An employer's guide to right to work checks' has been updated for the end of the grace period on 30 June 2021.
A reminder for employers - The Home Office has updated its 'An employer's guide to right to work checks' for the end of the grace period on 30 June 2021, this can be found here. This includes details of how to conduct right to work checks for European nationals now and from 1 July 2021.
The Home Office have provided updated communication confirming the checks from 1 July 2021, linked here. It confirms Irish Citizens will be able to continue to use their passport to prove their right to work & for all other EU, EEA an Swiss prospective employees, employers will no longer be able to rely solely on a passport or national identity card to complete a right to work check. The guidance gives additional details about undertaking right to work checks for European candidates and employees and now provides two lists of acceptable documents, one for checks being undertaken up to and including 30 June 2021 and one for checks being undertaken after the end of the grace period, on and after 1 July 2021. Further information on checking a job applicants right to work can be found here.
Employers do not need to retrospectively check the status of any EU, EEA, or Swiss citizens employed before 1 July 2021, they will maintain a continuous statutory excuse against a civil penalty in the event of illegal working if the initial right to work check was undertaken in line with the right to work legislation. If an employer does choose to carry out retrospective checks, they must ensure you do so in a non-discriminatory manner. The code of practice provides practical guidance on how to avoid unlawful discrimination when employing individuals and conducting right to work checks.
Furthermore, Covid adjusted right to work checks are due to end on 31 August 2021 (previously 20 June 2021).
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
