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Autumn/Winter 2021 31 U K Employers have a legal duty to comply with the prevention of illegal working legislation and it remains an offence to knowingly employ anyone who does not have the right to work in the UK. WHAT ARE MY LEGAL OBLIGATIONS AS AN EMPLOYER? We have discussed the requirements with our clients repeatedly over the last few months, however, given the potential sanctions an employer could face for failing to comply, it is worth repeating this again today. Until June 30th, 2021, passports and national identity cards were sufficient evidence to satisfy a Right to Work check for EU workers. Alternatively, those who had been granted a status under the EU Settlement Scheme could prove their status by using the online Right to Work checking service. From July 1st , 2021, EEA passports or national identity cards are no longer sufficient evidence of an EEA citizen’s right to work in the UK. Instead, workers must prove their immigration status in the same way as all other foreign nationals. For workers who started after 1st July 2021, employers will need to ensure the worker is granted status under EUSS and receive a share code to allow them to carry out a Right to Work check. Workers who are not eligible under the EUSS must provide other evidence to demonstrate their Right to Work status. HOWWERE THE REQUIREMENTS VARIED TO ACCOMMODATE COVID-19? In response to the COVID-19 pandemic, the Government issued guidance to work from home wherever possible, which inherently meant many employers were unable to carry out in-person checks. Consequently, the COVID-19 Right to Work concession was introduced. The concession allowed the checks to take place on video calls with workers or candidates sending their documents electronically to their employer. The worker would then show the original document over the call to allow the employer to check this against the copy previously sent over. At the outset of the concession employers would have been required to carry out retrospective checks of those workers who had only participated in checks under the concession, however this is no longer the case. WHEN WILL THE CONCESSION END? The temporary measures were scheduled to end on August 31 st , 2021 with in-person checks set to return on September 1 st , 2021. However, the adjusted right to work checks will now be extended to 5th April 2022. WHAT DOES THIS MEAN FOR MY BUSINESS? This means that Right to Work checks can continue to be carried out over video calls with workers and applicants can provide scanned documents via email or use the Employer Checking Service if an existing or new employee cannot provide any of the accepted documents. It is an offence for employers to not comply with Right to Work obligations and can have serious consequences. We encourage you to speak with your HR advisor if you are unsure of your obligations. There is so much you and your employees can do to keep safe, whether it be at work or at home. We encourage you to share this advice with your employees. Please speak to your Health & Safety Advisor or contact HAE EHA’s BusinessGuard by emailing businessguard@hae.org.uk or call 44 (0)121 380 4612 . RIGHT TO WORK CHECKS