Right to Work Checks Adjusted Regime - Guest Article by Ian Holloway
Right to Work Checks Adjusted Regime Continues to 31 August 2021
Employers are obliged to perform Right to Work’ checks 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 and I wrote about this on 05 May 2021. From the 17th, employers were due to revert back to checking original documents.
Ending 20 June 2021?
On 02 June 2021, I wrote another article outlining how 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.
Concession 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.
As per the previous articles, note that there is no obligation for the employer to carry out retrospective checks if they have been operating the adjusted check regime between 30 March 2020 and 31 August 2021 2021 (inclusive).
Back to Normal 01 September 2021?
As we stand, it’s back to face-to-face and physical document checks from 01 September 2021 when the normal process resumes from this date. This is a time that is well in advance of the proposed Covid restrictions ending in England and the devolved nations.
I think that the crucial words are that this date applies ‘as we stand’. In a world that is not normal at the moment, employers are advised to keep their eyes on this date.
Ian Holloway is a highly respected payroll practitioner, writer, advisor and trainer. He has worked in the payroll profession for over 30 years and is now Payroll Consultant at i-Realise, an independent change management business operating in the HR & payroll space.
Ian has hands-on experience processing payrolls from all sectors, large and small. In 2011 he shifted focus to his passion for educating the profession and also worked on improving payroll software solutions to meet legislative requirements and business goals. He is the Trailblazer Chair for the Level 3 Payroll Administrator Apprenticeship and the Level 5 Payroll Assistant Manager Apprenticeship. He also advises on the practical impacts of new government legislation.
As Payroll Consultant at i-Realise, Ian’s broad experience and up-to-date knowledge allows him to publish insights to UK HR & Payroll professionals through workshops, white papers, newsletters and face-to-face presentations. Ian regularly speaks at industry conferences and is a featured writer for several Payroll, HR and Finance publications. Ian leads i-Realise’s monthly payroll forum, a confidential platform for in-house payroll leaders and managers to discuss new legislation and collectively improve best practice.
You can contact Ian at iholloway@i-realise.co.uk
