Right to work checks

The Home Office has updated its guidance in respect of the right to work checks employers are expected to carry out for EU Citizens during what is known as the ‘grace period’ of 1 January 2021 to 30 June 2021.

Right to work checks are required by law to prevent illegal working by reason of the immigration status of the person concerned. By following the guidance, the Home Office confirms that employers will be able to establish statutory excuse to the civil penalty of employing someone who is not permitted to work.

The guidance confirms that until 30 June 2021, employers can rely on an EEA or Swiss national’s EU passport or national identity card as evidence of their right to work in the UK. Further, there is no requirement during the grace period to differentiate between EU citizens who arrived before 31 December 2020 and those who arrived after and up to 30 June 2021. This means that the same proof of ID can be used up to that point.

From 1 July 2021, the grace period will end and move from nationality proof of right to work under freedom of movement to immigration status checks.

The full guidance can be found at: An employer’s guide to right to work checks.