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

Yes, however the Home Office have published guidance to temporarily adjust Right to Work (RTW) checks in light of the Covid-19 pandemic. Their guidance 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 now permitted. 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 Gov.uk website.

The guidance is clear that these measures are temporary and will revert to the usual practise after the Covid-19 measures end. At this point, a retrospective RTW check will be required in compliance with the normal requirements.

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.