New end date for concession on right to work checks

Following the government’s announcement on 14 June 2021 to extend the date for the easing of lockdown restrictions and social distancing measures, the concession on right to work checks introduced at the start of the pandemic will now end on 31 August 2021.

The concession was made on 30 March 2020 and gives employers a statutory excuse against civil liability for illegal working, if checks are conducted using scanned copies of the prescribed documents (or use of the relevant app) and those documents are checked via video calls.

The online right to work checking service may also be available, for example if a worker has status under the EU Settlement Scheme. Consent must be sought before using the online service.

Further details on how to use the concession can be found on the government website here. Employers who use this concession correctly will not need to carry out a retrospective check after 31 August 2021 to maintain a defence against a civil penalty for illegal employment.

Back in May, our business immigration team hosted the ‘EU settlement scheme: are you ready for the deadline?’ webinar. We explored an employer’s role in making workers aware of ways they may secure their right to continue to live and work in the UK without restriction. You can watch the recording by clicking here.