Significant right to work check changes are coming in from 6 April 2022.

It is a legal requirement to conduct right to work checks. Currently you can check biometric residence permits (BRP), biometric residence cards (BRC) and frontier worker permits (FWP) by either using the Home Office online right to work checking service or conduct a manual check of the permit card (a ‘virtual’ check via video call has been permitted during the pandemic).

Further information can be found in Annex 2 – An employer’s guide to right to work checks: 16 December 2021 (accessible version) – GOV.UK (www.gov.uk)

An employer’s guide to right to work checks: 16 December 2021 (accessible version) – GOV.UK (www.gov.uk)

However, from 6 April 2022 you will only be able to conduct right to work checks for BRP, BRC and FWP by using the Home Office online right to work check service and these documents will be removed from the Government’s list of acceptable documents used to conduct a manual right to work check. Employers will no longer be able to accept these physical cards for the purposes of a right to work check, even if it shows a later expiry date.

A fine of up to £20,000 per worker can be imposed if the person does not have the right to work in the UK and, unless you use the online checking system, you will not be compliant and will not be able to establish a statutory excuse. However, no retrospective checks need to be carried out if you had used a physical biometric residence permit prior to 6 April 2022.

If you are a current HR client a Trivium consultant will be in contact to update your employee handbook plus any additional onboarding documentation and ensure you remain compliant. If you are not a client and would like further advice or assistance, please contact the consultancy team on HR@Triviumlc.co.uk