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.
Samantha Randall, an Associate Solicitor with Palmers, explained: “The temporary rules, which have been in place since the start of the first lockdown in March 2020, have allowed employers to carry out right to work checks via video calls, while job applicants and existing workers have been able to send scanned documents or a photo of documents for checks using email or their mobile phone.
“However, the temporary 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.”
From 21 June, employers are required to physically check the applicant or worker’s original documents, or verify the applicant or worker’s right to work online if they have provided 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.
For help and support with all aspects of employment law including more information on complying with the right to work legislation, please contact us.