Employers welcome further delay to in-person right to work checks

A further delay to the reintroduction of in-person right to work checks has been welcomed by employers.  

However, employers are requesting for longer-term review of recruitment practices as digital screening is extended to the end of August.

Employers will now be required to resume in-person checks from 1 September.

A Home Office spokesperson said this latest postponement was because of the “benefits the adjusted checks have brought employers”, and that the Home Office was “reviewing whether there are changes we can make to the right to work scheme to increase the digital checking aspects, including through the use of specialist technologies”.

This is the second time the reintroduction of in-person checks has been pushed back. In-person checks were initially billed to be brought back in May, however after lobbying from business groups this deadline was pushed back to 21 Jun to bring them in line with when the government had hoped to end the last remaining lockdown restrictions.

Checking an individual’s right to work using the temporary COVID-19 adjusted check measures

Up to and including 31 August 2021, if you are carrying out a temporary adjusted check, you must:

  • ask the worker to submit a scanned copy or a photo of their original documents via email or using a mobile app
  • arrange a video call with the worker – ask them to hold up the original documents to the camera and check them against the digital copy of the documents record the date you made the check and mark it as “adjusted check undertaken on [insert date] due to COVID-19
  • if the worker has a current Biometric Residence Permit or Biometric Residence Card or has been granted status under the EU Settlement Scheme or the points-based immigration system you can use the online right to work checking servicewhile doing a video call – the applicant must give you permission to view their details.

It remains an offence to knowingly employ anyone who does not have the right to work in the UK with a penalty of £20,000 per individual.

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