Right to work checks as of 1 July 2021 – Do you know what to do?
13 July 2021
Do your drivers know what to do regarding their right to work in the UK? Irish citizens can continue to use their passport or passport card to prove their right to work. All other EU, EEA and Swiss citizens will no longer be able to use their passport or national identity card to prove their right to work. Their right to work can be checked online using a share code or their date of birth. If the individual does not have a UK immigration status which can be shared digitally, they can provide their original documents which can include;
- A frontier worker permit;
- A biometric residence permit or card;
- An outstanding application to the EU Settlement Scheme;
- Indefinite leave to enter or remain (sticker or stamp in their passport); or
- A visa to work or study in the UK.
Ensuring the correct right to work checks are undertaken prior to employing an individual will help employers prevent illegal working, with all UK employer having a responsibility to help prevent such illegal working. Employers can face civil penalties, if they employ a worker and have not carried out a correct right to work check. An employer can face up to 5 years in prison and an unlimited fine if they are found guilty of employing someone who they knew or had reasonable cause to believe did not have the right to work in the UK. It is therefore critical that if an individual’s right to work is time limited, follow up checks must be conducted.
Employers must not discriminate when conducting right to work checks and backdated checks do not need to be undertaken as long as the correct right to work check was completed at the time of employment pre-1 July 2021. Right to work checks should be conducted on all prospective employees, if an employer was to only check the status of individuals appearing to be a migrant, this could be viewed as discrimination and therefore could open the company up to a discrimination claim.
For more information on the updated guidance go to https://www.gov.uk/check-job-applicant-right-to-work of contact our employment team on employment @backhouses.co.uk for more information.
