I am an employer; how must I carry out right to work checks during the coronavirus pandemic?

Right to work checks have been temporarily adjusted, to make it easier for employers to carry them out. As of 30 March 2020:

  • Checks can now be carried out over video calls,
  • Job applicants and existing workers can send scanned documents or photos of documents for checks using email or a mobile app. During this period, you must take extra care to ensure that no-one is discriminated against because they are struggling to evidence their right to work.
  • Employers should use the Home Office’s Employer Checking Service if a prospective or existing employee cannot provide any of the accepted documents.

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 right to work check will be required in compliance with the normal requirements.

If you require advice or assistance in ensuring that your right to work checks are compliant during these temporary measures or what needs to be done after the COVID-19 measures end, please contact Latitude Law as soon as possible.