Post COVID-19 Right to Work Checks
Due to COVID-19 a concession was put in place by the UKVI and Right to Work checks were temporarily adjusted to make it easier for employers to carry them out.
Specifically, as of 30 March 2020, the following temporary changes were made:
· checks can be carried out on video calls
· job applicants and existing employees can send scanned documents or a photo of documents for checks using email or a mobile app, rather than sending originals
· employers should use the Employer Checking Service if a prospective or existing employee cannot provide any of the accepted documents
Once the UKVI announce an end date for the current concession employers will be required to carry out retrospective checks on existing employees who:
· started working for you on or after 20 March 2020
· required a follow-up right to work check since 20 March 2020
You should mark this check: “the individual’s contract commenced on [insert date]. The prescribed right to work check was undertaken on [insert date] due to COVID-19.”
The retrospective check must be carried out within 8 weeks of the COVID-19 concession ending. Both checks should be kept for your records.
If, at the point of carrying out a retrospective check, you find your employee does not have permission to be in the UK you must end their employment.
Your GDB Legal Solutions consultant can guide and assist you with any questions or concerns you may have in regards to these checks.
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