Do I need to continue to check my employee’s right to work?

Yes, however the Home Office has published updated guidance to temporarily adjust Right to Work (RTW) checks in light of the Covid-19 pandemic. The concession permitting a right to work check using video conferencing has been extended to 1 September 2021. The concession provides methods for conducting a fully compliant check without seeing your employee face-face. The use of video call to check identity and sending scanned documents rather than the originals is permitted until 31 August 2021. For anyone with a BRP or status under the EUSS, it is also possible to conduct an online RTW check through the Employer Checking Service on the website.

Employers will not be required to carry out a retrospective/follow-up check where a right to work check has been carried out between 30 March 2020 and 31 August 2021 (inclusive).

From 1 September 2021, employers will revert to face to face and physical document checks as set out in legislation and guidance.

If you require advice or assistance in ensuring that your RTW checks are compliant, then you should seek specialist advice from Latitude Law about this.