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COVID-19: adjusted right to work check measures extended to 5 April 2022

With the rules on right to work checks due to change on 31 August 2021, a late extension has been granted by the Government.

Andrew Collier
Andrew Collier HR Adviser
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The temporary COVID-19 adjusted right to work check measures will now end on 5 April 2022 and not 31 August 2021 as previously announced by the Home Office.
 
The temporary changes, in place since 30 March 2020, allow right to work checks to be carried out over video calls and for job applicants and existing workers to send scanned documents or a photo of their documents to employers via email or a mobile app, rather than sending in or producing the originals.
 
Employers will maintain a statutory defence against a civil penalty if the right to work check undertaken was carried out in the prescribed manner or as set out in the COVID-19 adjusted checks guidance. No further retrospective checks on employees who had a COVID-19 adjusted check will be required.
 
From 6 April 2022, the position will revert to the original law, meaning that employers must once again either:
 
  •  Check the applicant's original documents.
  •  Check the applicant's right to work online (if they have provided the employer with their share code).

However, the Home Office has confirmed again its intention to introduce a new digital right to work check solution to include many who are currently unable to use the Home Office online checking service, including UK and Irish citizens. This will enable checks to continue to be conducted remotely but with enhanced security - a development no doubt hugely relished by HR professionals around the UK!

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