In light of the 2020 coronavirus outbreak, from 30 March 2020 as an employer you can adopt a revised process for checking right to work.

Government guidance confirms that a scanned copy or photograph of documents necessary to prove a right to work should be sent to you via an email or mobile app. A video call should then be arranged with the worker, where they should be asked to present their original documents to the camera. These documents should then be compared with the digital versions previously sent. The date of this check should be recorded and noted as “adjusted check undertaken on [insert date] due to COVID-19”.

If a prospective employee cannot produce any of the prescribed documents, you should consult the Home Office Employer Checking Service.

When the coronavirus crisis ends, the date of which is currently unknown, a retrospective check should be carried out on employees who started working for your company, or required a follow-up check, during these measures. This check will need to be carried out within eight weeks of the crisis ending and be marked “the individual’s contract commenced on [insert date]. The prescribed right to work check was undertaken on [insert date] due to COVID-19.”

If during the retrospective check you find that the employee does not have the right to work in the UK, they should be dismissed immediately.

For organisations that have been deemed an essential business, a usual check can still be conducted, however the validity of documents check can be done via video link provided you have the original documents.

If an employee has a Biometric Residence Permit or has been granted ‘settled status’ under the EU Settlement Scheme, they can give you permission to check their details online.

If there are any other particular questions you have about these changes that you would like to discuss, please call me on 0118 940 3032 or click here to email me.