The Government has further extended the concession allowing right to work checks to be conducted remotely rather than in person.

Although many workplaces have reopened, working from home on a part or full-time basis remains a reality for many, so this practical step is to be welcomed.

We have also heard from many employers who were concerned about how they would carry out in-person checks on new employees who had recently arrived in or returned to the UK and were required to self-isolate.

This postponement until April 6, 2022 is therefore very welcome.

New digital solution for right to work checks

The Home Office has also confirmed that it is considering the use of ‘specialist technology’ to support a system of digital checks in the future. This system could be used by many who are currently unable to use the existing Home Office online checking service, including UK and Irish citizens.

Whether such a solution will be available by next April remains to be seen.

Updated guidance on right to work checks published

Employers should also note that an updated guidance document on conducting checks was published on August. 31 This replaces guidance published in July 2021 following the end of the six-month grace period after the Brexit transition.

The new guidance:

  • introduces changes to the way individuals with outstanding applications to the EU Settlement Scheme (EUSS) evidence their right to work
  • introduces updated lists of documents which employers may accept when conducting checks
  • provides further detail on the Covid-19 temporarily adjusted right to work checks