0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Forgotten your password?

Right to work: updated guidance 18 June 2021

29 June 2021

A reminder for employers - The Home Office has updated its 'An employer's guide to right to work checks' for the end of the grace period on 30 June 2021, this can be found here. This includes details of how to conduct right to work checks for European nationals now and from 1 July 2021.

The Home Office have provided updated communication confirming the checks from 1 July 2021, linked here. It confirms Irish Citizens will be able to continue to use their passport to prove their right to work & for all other EU, EEA an Swiss prospective employees, employers will no longer be able to rely solely on a passport or national identity card to complete a right to work check. The guidance gives additional details about undertaking right to work checks for European candidates and employees and now provides two lists of acceptable documents, one for checks being undertaken up to and including 30 June 2021 and one for checks being undertaken after the end of the grace period, on and after 1 July 2021. Further information on checking a job applicants right to work can be found here.

Employers do not need to retrospectively check the status of any EU, EEA, or Swiss citizens employed before 1 July 2021, they will maintain a continuous statutory excuse against a civil penalty in the event of illegal working if the initial right to work check was undertaken in line with the right to work legislation. If an employer does choose to carry out retrospective checks, they must ensure you do so in a non-discriminatory manner. The code of practice provides practical guidance on how to avoid unlawful discrimination when employing individuals and conducting right to work checks.

Furthermore, Covid adjusted right to work checks are due to end on 31 August 2021 (previously 20 June 2021).

If you are unsure about how the changes will impact you, feel free to get in touch.

Focus on...

Legal updates

Changes to flexible working in the NHS and "childcare disparity"

On 13 September 2021 the previously announced changes to section 33 of the NHS Terms and Conditions of Service Handbook come into effect, giving increased rights to request flexible working to all staff covered by those terms within England and Wales.

View

Legal updates

Covid-19 adjusted right to work update

Advice for employers carrying out right to work checks has been updated as a result for Covid-19, replacing 18 June 2021 guidance.

View

Legal updates

New Workers’ Watchdog to protect workers’ rights

Employers should take action now to avoid financial fines & damaging negative publicity when Workers’ Watchdog is established.

View

Legal updates

The meaning of “Correspondence” under MHPS

The High Court case of Burn v Alder Hey Children’s NHS Foundation Trust [2021] EWHC 1674 has considered the scope of the disclosure requirements under the Maintaining High Professional Standards (MHPS) framework and provides some useful guidance for those tasked with carrying out case investigations.

View

The content on this page is provided for the purposes of general interest and information. It contains only brief summaries of aspects of the subject matter and does not provide comprehensive statements of the law. It does not constitute legal advice and does not provide a substitute for it.

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up