Right to Work Checks Back to Pre-Covid Regime - Guest Article by Ian Holloway
On 29 April 2021, I wrote an article re the Right to Work’ checks that employers are obliged to perform 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. Originally, this Covid-easement was due to end on 16 May 2021, at which point employers had to revert back to checking original documents.
Concession Now Ending 20 June 2021
On 12 May 2021, the Home Office and Immigration Enforcement amended the end date of the Covid-easement to 20 June 2021. This is in line with the UK Government’s ‘roadmap’ out of lockdown, adopted by the devolved nations, which envisages restrictions and social distancing measures will be lifted from 21 June 2021.
As per the previous article, 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 20 June 2021 (inclusive).
I commented at the time that the original 16 May 2021 date was surprising, given that the normal process would have to take place in times that were not normal at all. The 20 June 2021 date is understandable, sensible and logical.
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 allow 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 firstname.lastname@example.org