Updated guidance for employers on right to work checks, including online checks

A new employer’s guide to performing right to work checks, including relevant online checks, came into force at the end of January. 

Effective from 28 January 2019, the new guidance applies to right to work checks, that are performed under the prevention of illegal working legislation, which are conducted on or after that date. Such checks are performed to establish or, where required, retain a statutory excuse.

Performing compliant right to work checks affords protection from civil penalties.

The main changes contained in the new guidance relate to:

1. the introduction of online right to work checks in certain circumstances; and
2. an amendment to the acceptable document list to remove the requirement that a British birth certificate must be the full (long) certificate. A short or a long UK birth certificate are now acceptable documents to demonstrate a right to work in combination with an appropriately documented national insurance number.

You can find the guidance here.

If you would like any further information on how to conduct right to work checks, please contact us.