As an employer you need to make sure that your employees have the legal right to work in the UK. When you employee someone you must carry out the correct right to work check.
The process for checking if someone has the right to work consists of the following.
- Obtain the employees original identification documents
- Check that the original documents are valid
- Take a copy of the original documents, record the date that they were checked
- Keep the copy of the original documents safe and in accordance with GDPR
Due to COVID the RTW checks have been allowed to be carried out in a different manner. You can receive the documents digitally and make the checks via video call. If someone is unable to provide their right to work documents then you can use the Home office Employer checking service https://www.gov.uk/employee-immigration-employment-status. The checking service may provide you with a positive verification notice which will provide proof of the right to work for 6 months.
Currently a new employee form the EEA or Switzerland can prove their right to work with their passport, providing the expiry date is no less than 6 months. However, from 30th June 2021 under the regulations that have derived from Brexit this will not be a valid way of proving the right to work in the UK.
From 1st July a new start must either provide documentation that demonstrates that the either have pre settled or settle status or a visa that allows them to work and remain in the UK.
Although it is not a requirement to carry out an audit prior to the changes, you should remind your employees to apply for pre/ settled status via the EU settlement scheme. As an employer you can not force your employees to apply for pre settle or settled status. However communicating the processing of the EU settlement scheme and what it means if they do not register by 1st July is advised.
An employee can provide evidence of their pre settled or settled status by providing a share code that can be used via an online service to check that they have the right to work in the UK. https://www.gov.uk/prove-right-to-work. To obtain settled status in the UK you must have lived in the UK for 5 years or more. Pre settled status is given to those that have lived in the UK for under 5 years.
You need to make sure that your employees have the right to work in the UK and how to carry out the checks in accordance with the new regulations.