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ToggleThe government have published new guidance concerning the employment process for conducting right-to-work checks during the coronavirus pandemic. It is imperative that employers comply with new guidance as carrying out the Right to Work check continues to be a mandatory requirement. For further guidance on Right to Work checks in the UK, read our article: An Employer's Guide to Right to Work in The UK.
If an employer fails to carry out a Right to Work check then they run the risk of employing an illegal worker which could potentially lead to civil and, in the most severe cases, criminal sanctions.
As of 30 March 2020, the following temporary measures will now be permitted:
Employers should take the following steps when carrying out checks via video call:
If a prospective employee is unable to provide their documents, then employers must use the Home Office Employer Checking Service. If the person has a right to work, the Employer Checking Service will send employers a 'Positive Verification Notice. This provides them with a statutory excuse for six months from the date in the notice.
Employers need to note that these adjustments are temporary. When these changes end, employers will be required to carry out full retrospective checks on existing employees who commenced employment during the pandemic. This check must be performed within eight weeks of the COVID-19 measures ending, and this, along with the initial adjusted check, should be kept on record. If the employee does not have permission to be in the UK and this is discovered at the point of the retrospective check, the employer must end their employment.
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