Eligibility to work in the UK. The transitional period for Brexit came to a close on 31st December 2020, leaving us with plenty of changes going into the new year. Since the UK left the EU we have often been asked about checks for eligibility work, so thought we would clarify the current rules.
The purpose of the checks is to be sure that the candidate is allowed to work for you, and in the UK, before you employ them. And, let me highlight that there’s no change to the fines in place for failing to carry out these checks, and with a maximum penalty of £20,000 per worker there is a financial as well as legal incentive to get this right.
What checks do I need now for EU, EEA or Swiss citizens?
From 1 January 2021: you will need a sponsor licence to employ EEA or Swiss workers coming to the UK.
Up to 30 June 2021: there is no change on eligibility to work checks – a passport or National Identity Card should give you what you need.
After 30 June 2021: new immigration rules will apply. But no retrospective checks are needed for existing employees.
What about the settlement scheme?
EU, EEA ad Swiss citizens (or their family members), with few exceptions, will need to apply for the settlement scheme to remain employed after 30 June 2021. They will be given either settled or pre-settled status depending on how long they have been living in the UK when they applied. Both options allow them to work and issue a ‘share code’ that you can check online.
What should I look for?
You need to satisfy yourself on the types of work the individual is allowed to do, and how long they can work in the UK.
You can check online where you have the candidate’s date of birth and right to work ‘share code’.
Or you can ask to see the applicant’s original eligibility documents, checking they are valid while the applicant is present. You’ll need to keep copies of these documents and record the date of the check.
Finally, if the candidate’s right to work is time-limited, you’ll need to check their documents again when it’s due to expire. Make a diary note!
You will need to keep copies of the evidence of their right to work during and for 2 years after they leave their employment, dated, showing when the check was made
During the pandemic?
Since March 2020 temporary changes have been in place so that you can check relevant documents remotely. The candidate should provide electronic versions of their documents, which should be compared to the originals they should produce during a video call. Don’t forget to record the check as ‘adjusted check (date) due to Covid-19’.
These temporary measures will be lifted in due course and employers will be asked to carry out retrospective checks for employees for whom these adjusted measures were used. You will need to mark the checks “contract commenced (date). Prescribed right to work check on (insert date) due to COVID-19.”
The deadline for these retrospective checks will be 8 weeks from the date the temporary measures are lifted.
Where to go for more information
This is a useful checklist to be sure you have gathered the necessary information.
But if you have any concerns or queries, or would like to talk about recruitment, reference checks or how to survive in a tight labour market, then do get in touch today.