New end date for concession on right to work checks – Updated

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The concession was originally made on 30 March 2020 and gives employers a statutory excuse against civil liability for illegal working, if checks are conducted using scanned copies of the prescribed documents (or use of the relevant app) and those documents are checked via video calls. This date has also been extended following positive feedback from employers on the ability to conduct checks remotely and the plan is to move to a more digital based right to work solution going forward.

The online right to work checking service may also be available, for example if a worker has status under the EU Settlement Scheme. Consent must be sought before using the online service.

Further details on how to use the concession can be found on the government website here. Employers who use this concession correctly will not need to carry out a retrospective check after 5 April 2022 to maintain a defence against a civil penalty for illegal employment.

If you have any question relating to right to work checks that need to be undertaken for your existing and prospective EU workforce, you can take a look at our FAQs here, or get in touch directly at a.christen@capitallaw.co.uk.