Completing a right to work check for all new employees (including British Citizens) is a requirement by law, this was enforced in 2008. A physical check is required before the new employee starts at their new employment. The Government have acknowledged that during COVID-19 physical checks are not always possible. With effect from 30 March 2020, they announced some temporary changes to the right to work process these are:
- You can now carry checks out via video calls
- Scanned documents or photos of the right to work document can be accepted rather than the employee/new worker sending their original document
- Where possible employers are encouraged to use the ‘employer checking service’ if the new employee/existing employee cannot provide a scanned/photograph of their document
The scanned copy /photograph of the right to work document needs to be legible. You will then need to arrange a video call with the new employee/existing employee so you can check their original documentation (that they will have in their possession) and scanned copy/photograph against the person on the screen. You are still required to document that the right to work check has taken place. The Government have asked that you make reference to the change in process on your records, for example ‘adjusted check undertaken on (insert date) due to COVID-19’*.
The Government have stressed that these are temporary measures only and they will inform employers in advance when this will end. You will then need to revert back to checking right to work documents in person. You will also have to go back to any checks that were completed during the outbreak and carry out the following measures:
- Within 8 weeks of the COVID-19 right to work measures ending, a retrospective check must be undertaken.
- This should be carried out;
– If the employee started their employment during these measures, or if an existing employee required a follow up right to work check during these measures. - This will involve the employee presenting their right to work original document in person.
- You can mark this right to work check as ‘the individual contract commenced on (insert date). The prescribed right to work check was undertaken on (insert date) due to COVID-19’*.
It is important to remember that non-compliance with the right to work checking procedure can result in a fine or prosecution. Please speak to a member of our team on 01924 827869 or contact us if you have any questions surrounding this subject.
Reference
*https://www.gov.uk/guidance/coronavirus-covid-19-right-to-work-checks
