Temporary COVID-19 adjusted ‘right to work checks’ to revert to physical checks from 21 June 2021, Government warns

The temporary COVID-19 adjusted right to work checks will revert to face to face and physical document checks from 21 June 2021, it has been confirmed.

The announcement comes as lockdown restrictions and social distancing rules lift across England.

The temporary rules, which have been in place since 30 March 2020, allow employers to carry out right to work checks over video calls, while job applicants and existing workers can send scanned documents or a photo of documents for checks using email or their mobile phone.

However, the adjusted rules will revert back to physical checks from 21 June – meaning employers and employees should be prepared to comply or risk falling on the wrong side of the law.

This will include physically checking the applicant or worker’s original documents, or checking the applicant or worker’s right to work online if they have provided you their share code.

Commenting on the updated guidance, the Government said: “The temporary COVID-19 adjusted right to work checks will now end on 20 June 2021, and from 21 June 2021 employers will revert to face to face and physical document checks as set out in legislation and guidance.

“This is aligned with the easing of lockdown restrictions and social distancing measures, as set out in the government’s roadmap for England and those of the devolved administrations.”

It was revealed last month that 77 employers were fined for failing to comply with right to work rules in the final quarter of 2020. However, experts expect fines and enforcement activity to increase in the coming months as lockdown restrictions ease and EU workers are required to show proof of eligibility to work in the UK.

The penalties for non-compliance are up to five years imprisonment or an unlimited fine.

Click here to find more guidance on the right to work checks for employers.

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