The temporary COVID-19 adjusted right to work check measures will now end on 31 August 2021 it has been confirmed, not 20 June 2021 as previously announced by the Home Office. This follows the government's announcement on 14 June 2021 to extend the date for the easing of lockdown restrictions and social distancing beyond 21 June. 

 

The temporary changes, in place since 30 March 2020, have allowed 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 the originals.

 

From 1 September 2021, 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.

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.  

These adjustments should not, however, be confused with the separate obligations that employers have from 1 July 2021 when employing EU citizens.  The six month period of grace for obtaining settled or pre-settled status ends on 30 June 2021 and all employers are reminded of the urgent need to have reviewed and updated their processes for future recruitment.