You are still required to carry out right to work checks for all workers before you employ them as you did before Brexit using European Economic Area (EEA), Swiss passports and national identity cards as evidence until 30 June 2021.

You can also use the online checking service to confirm that a worker has settled or pre-settled status but a candidate does not have to agree to share their status using this service and Government guidance suggests that, up to 30 June 2021, an employer that insists on seeing evidence of settled or pre-settled status risks a complaint of race discrimination.

EEA and Swiss nationals who are in the UK before the end of the transition period (31st December 2020) will have until 30 June 2021 to apply for either settled or pre-settled status.

EEA and Swiss nationals entering the UK from 1 January 2021 will not be able to apply for settled or pre-settled status and will require a visa to be able to work in the UK under the new immigration system.

Action – Ask employees what their intentions are with the employee’s welfare in mind. Find out how they are feeling about leaving the EU and ask if they have applied for settled status for them and their family. Offer help with the application process.

From 1 January 2021, there will be a new right to work check system in place that can be followed, through a Home Office online service but no further details have been released. There will be no need to repeat checks for existing employees from 1st January 2021 when the new immigration system is introduced but new employees are likely to need evidence of settled status, pre-settled status or a visa.