Right to work COVID:19 Temporary Adjustments Extended

August 27th, 2021 by Matt Tuckey

The temporary adjustments outlined by the Home Office in response to the pandemic have now been extended to 5^th April 2022. The temporary changes allow employers to check copies of right to work documents whilst completing a video call with the prospective employee.

Verifying copies of documents will continue to provide you with your statutory excuse.

How to complete a Right to Work check

All employers are still able to:

• Check the applicant’s likeness in person OR over a video call,
• See original documents OR scanned copies of documents
• Check the applicant’s right to work online, if they’ve given you their Home Office share code

At this time there is no indication as to whether there will be a return to in person requirements. There are three key steps to a right to work check and to establish a statutory excuse, you must complete all three steps. These include:

Obtain – You must obtain the original or scanned copies of one or more of the acceptable documents.

Check – You must check the validity of the document(s) in the presence of the applicant, or remotely using video call or remote software

Copy – You must make and retain a clear copy of the document(s) and record the date the check was made.

For those checks done remotely with the relaxed guidance, you should also note that original documents were not seen due to Covid-19 restrictions. The Home Office advise that the following text should be used: “adjusted check undertaken on [insert date] due to COVID-19”

For some non-UK nationals, you can also complete an online check which follows a different process than a manual check of original documents. Applicants can share their right to work with you by using the Home Office online Right to Work checking service. To view an individual’s Right to Work online, the applicant must provide a share code to allow you to access the GOV.UK ‘view a job applicants’ right to work page’.

Do I need to retrospectively check employees who had the adjusted check?

You do not need to carry out retrospective checks on those who had a COVID-19 adjusted check between 30 March 2020 and 5^th April 2022 (inclusive). This means you maintain your ‘statutory excuse’ against a civil penalty, provided you saw a copy of compliant right to work documents and correctly recorded the processes and documents. This includes circumstances where you processed your Right to Work check, in line with the Covid-19 temporary guidance.

If you checked an employee’s right to work during the Covid-19 guidelines and their right to work in the UK is time-limited and is due to expire after 1 September 2021. You must complete rechecks compliantly as set out in right to work checks: an employer’s guide.

How can DDC ensure your right to work checks are compliant?

Whether you are an independent business owner managing your own HR function or a large national organisation with a dedicated team of HR professionals, DDC’s Right to Work check can support you with the temporary adjustments. DDC’s Right to Work check provides:

• support to obtain your statutory excuse, avoiding fines of up to £20,000
• reduced risk to your organisation by using risk minimisation and fraud detection tools
• an easy online process to verify prospective employees right to work at any time
• confidence that your right to work checks are in line with Home Office and Immigration legislation
• a reduction in manual administration creating no more paperwork
• guidance throughout the process with no training or prior knowledge required
• a supportive and knowledgeable Customer Service Team on hand for any questions you may have
• a service that incorporates all documents and visa types including the online Right to Work confirmation share code

Ask the experts

If you would like to know more on how we can help with your Right to Work checks, speak with our background screening experts today. We can talk you through the process, ensuring you are compliant at every stage and tailor the package to meet your requirements. Contact the team on 0116 260 3055 | 0845 644 3298 or email newenquiries@ddc.uk.net.