Right to Work Checks Adjusted Regime Extended Again Until 2022 - Guest Article by Ian Holloway

This is an update to article that I have written previously, which you can read here.

Employers are obliged to perform ‘Right to Work’ for new applicants and employees.  There is a civil penalty regime if an employer grants a worker employment if they do not have the right to work in the United Kingdom.

Though, there is a statutory excuse from the penalty if it carries out the checks.

 

The Covid-19 Concession

On 30 March 2020, the Home Office introduced temporary adjustments which meant that employers could rely on scans or photographs of original documents rather than have the actual documents.

 

Ending 16 May 2021?

Originally, this Covid-easement was due to end on 16 May 2021, at which point employers had to revert back to checking original documents.

 

Ending 20 June 2021?

On 12 May 2021, the Home Office and Immigration Enforcement advised that the pre-Covid regime was to be re-introduced on 21 June 2021.  This was in line with the UK Government’s ‘roadmap’ out of lockdown (England), which envisaged restrictions and social distancing measures being lifted from 21 June 2021.

 

Ending 31 August 2021?

On 18 June 2021, the Home Office and Immigration Enforcement amended the end date of the Covid-easement to 31 August 2021.

 

Pre-Covid checks were to resume from 01 September 2021 and there was no obligation on the employer to perform retrospective checks if they had been operating the adjusted check regime.

 

Ending 05 April 2022?

On 26 August 2021, the Home Office and Immigration Enforcement amended the end date of the Covid-easement to 05 April 2022.  Again, there was no obligation for the employer to carry out retrospective checks if employers have been operating the adjusted check regime between 30 March 2020 and 05 April 2022 (inclusive).

 

Concession Ending 30 September 2022

Now we have another date of 30 September 2022.

On 22 February 2022, the Home Office and Immigration Enforcement amended the end date of the Covid-easement to 30 September 2022.  Again, there is no obligation for the employer to carry out retrospective checks if employers have been operating the adjusted check regime between 30 March 2020 and 30 September 2022 (inclusive).

 

Back to usual 01 October 2022?

As we stand, the normal process resumes on 01 October 2022.  This means the return to face-to-face and physical document checks.

The wording in the announcement suggests that this is the end of the temporary adjustments to right to work checks.

 

Ian has been in the payroll profession for over 30 years, processing payrolls from all sectors, large and small. He moved from hands-on exposure in 2011 to become involved in educating the profession. His wide-ranging experience and up-to-date knowledge ensured he was able to impart this information to UK professionals through course material, social media, newsletters and face-to-face presentations.

Today Ian combines both these and is involved with a vital aspect of the payroll environment, that of working with the software that actually does a lot of the hard work for the profession.

Ian approaches education and communication very much from the perspective of how this will impact the software, the employer and the worker. So, whilst the legislation is vital, compliance and effective communication are paramount.

Connect with Ian on LinkedIn.