We are pleased to see some of our clients continue to recruit during this difficult period. As of 30 March 2020 the following temporary changes have been made:

  • Ask the worker to submit a scanned copy or a photo of their original documents via email or using a mobile app.
  • Arrange a video call with the worker – ask them to hold up the original documents so you can check them against the digital copy of the documents.
  • Record the date you made the check and mark it as “adjusted check undertaken on [insert date] due to COVID-19”.
  • If the worker has a current Biometric Residence Permit or Biometric Residence Card or status under the EU Settlement Scheme you can use the online right to work checking service while doing a video call – the applicant must give permission to view their details. 

It remains an offence to knowingly employ anyone who does not have the right to work in the UK. Checks continue to be necessary and you must continue to check the prescribed documents.

Further information can be found on the Government website code of practice for employers: avoiding unlawful discrimination while preventing illegal working.

After the COVID-19 measures end you should follow the checking process set out in right to work checks: an employer’s guide.

You will be asked to carry out retrospective checks on existing employees who:

  • started working for you during these measures.
  • required a follow-up right to work check during these measures You should mark this check: “the individual’s contract commenced on [insert date]. The prescribed right to work check was undertaken on [insert date] due to COVID-19.”

The retrospective check must be carried out within 8 weeks of the COVID-19 measures ending. Both checks should be kept for your records. If, at the point of carrying out the retrospective check, you find your employee does not have permission to be in the UK you must end their employment.

T Robb – Trivium London Consulting