KNOW YOUR RIGHT TO WORK CHECKS

Businesses have always had to check that their new recruits have the right to work. But for EU, European Economic Area (the EEA; Iceland, Liechtenstein and Norway) and Swiss nationals, the end of the Brexit grace period on 30 June 2021 means the way that these checks are done has changed.

This is because such workers, unless they are Irish (see panel, right), no longer have the automatic right to come and work here, now that the UK has a new immigration system.

Given the potential for a fine of up to £20,000, as well a variety of other sanctions, including criminal liability, it is important to make sure that you understand what you need to do.

Previously, the most common check for EU, EEA and Swiss nationals would have been to check the individual’s passport or ID card. But this is no longer enough.

Instead, from 1 July 2021, the majority of such workers, for example those who have successfully applied to the EU Settlement Scheme to stay on in the UK or who have obtained a visa under the new immigration system, will need to prove their right to work using a gov. uk online work service. That’s at gov.uk/prove-right-to-work.

These web pages will generate a ‘share code’, which will allow the employer to go online and check the individual’s right to work with the Home Office centrally, at gov.uk/view-right-to-work.

If the portal confirms that the person can work, it will also tell the employer whether this is indefinite or temporary and, where relevant, when a follow-up check will be needed.

Evidence of checks and follow-ups need to be retained by the business.

• Some of those with outstanding applications to the EU Settlement

Scheme. This includes outstanding applications to equivalent Crown Dependency schemes, e.g. Jersey, Guernsey,

Isle of Man. Please note that some, but not all, of those who have outstanding applications may still be able to provide a share code, allowing use of the gov.uk online service. • EEA citizens with indefinite leave to enter/remain. • Frontier workers – those who reside elsewhere but work in the

UK; more at gov.uk/frontierworker-permit. • Service providers of Switzerland.

These will be employees of a

Swiss-based company. The UK business benefiting from the

Swiss company’s services would not be the employer, so would not need to carry out a right to work check, but you might be asked to provide evidence of the contract. • Irish citizens can prove their right to work using their Irish passport; passport card; or an Irish birth/ adoption certificate, together with an official document giving the person’s permanent National

Insurance number and name, issued by a government agency or previous employer. Alternatively, they could go down the frontier worker permit route.