- The Home Office Right to Work guidance page has been updated to include further information relating to checks that need to be done on new employee’s starting work before 30 June 2021.
- ‘The Grace Period’ refers to the period between 1 January 2021 and 30 June 2021 which was implemented with the purpose of protecting the rights of EEA nationals who are lawfully resident in the UK at the end of the transition period, but who haven’t yet been granted status under the EU Settlement Scheme. They will need to apply by 30 June 2021.
- In its guidance, the Home Office confirmed that whilst free movement ended on 31 December 2020, employers are not expected to differentiate between EEA nationals who arrived before the end of the transition period (31 December 2020) and those arriving after (in the grace period from 1 January 2021 to 30 June 2021).
- As previously established, right to work checks for EEA nationals will not change until after 30 June 2021. Throughout the Grace Period, EEA nationals can use their passport or national identity card to evidence their right to work.
- In order to obtain the immigration status that will be needed after the Grace Period, those who already have status under the EU Settlement Scheme, or the points-based immigration system, may evidence their right to work using the Home Office online service.
- The use of this tool is not mandatory and an employer cannot insist that applicants use the online service or discriminate against those who still wish to use their passport or national identity card during the Grace Period.
- Employers must still comply with the guidance on Avoiding discrimination while preventing illegal working: code of practice.
- If an applicant is unable to provide you with the correct documents because they have an outstanding application for status, the employer will need to contact the Employer Checking Service in order to establish a statutory excuse.
Aspire Business Partnership ("Aspire") provide WK1 with practical and commercially sound advice in relation to all aspects of compliance, business strategy and conflict resolution. WK1 engage Aspire on a retained basis through which Aspire provide WK1 with advice on an ad-hoc basis.
