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Right to work checks: Changes to the process April 2022
What is a Right to Work check?
Employers must check that anyone applying for a job at their business has a legitimate right to work in the UK before employing them. There are currently two types of right to work checks: manual and online. The type of check conducted depends on the status of the applicant.
Employers may face a civil penalty charge if they are found to be employing those without the right to work in the UK.Â
Learn about the penalties involved if right to work checks are not conducted.
What are the changes?
From 6 April 2022, employers will no longer be able to accept physical biometric cards as part of the right to work checks for Biometric Residence Card (BRC), Biometric Residence Permit (BRP) and Frontier Worker Permit (FWP) holders. These holders will need to use the Home Office’s online checking service to evidence their right to work.
Employers will not be required to conduct retrospective checks on biometric card holders who used a physical card as evidence on or before 5 April 2022. When their biometric card expires, employers should conduct further checks to ensure these employees still have a legitimate right to work within the UK.
Why has the Home Office announced these changes?
The announcement gives employers early notice to adjust their right to work checking process. The Home Office wants to encourage the use of the online checking service rather than conducting manual checks. The hope is that the online service will decrease the amount of civil penalty charges.
What can employers do to prepare for these changes?
Employers can prepare by:
- Ensuring steps are taken to update their right to work checking process for all job applicants.
- Conducting follow up checks for current card holder employees who are close to their expiry date, to prove they still have a right to work in the UK.
- Consider providing training for staff who carry out right to work checks – specifically how to use the Home Office’s online checking service.
How will this impact foreign nationals?
Employers must ensure that they do not discriminate against those who wish to use their physical card as right to work evidence before 5 April 2022. The cards are still legal proof of evidence up until this date.
Anyone wishing to apply for a job on or before this time should be made aware of the changes coming. Individuals should make preparations to prove their right to work from when the changes come into effect.
Ready for assistance?
If you have any questions, or want to book an appointment with one of our legal experts, contact Woodcock Law today. Call us on +44 (0)20 7712 1705 or email info@woodcocklaw.co.uk.
