Right to work checks for employers: The Grace Period

• 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 comment:

This further guidance will be welcomed by employers who have been unsure about their requirements in relation to right to work checks during the Grace Period.  The Home Office online service should be a useful tool for both employers and employees moving forward under the new system. However, it is important that employers do not act in a discriminatory fashion, especially where they choose to carry out retrospective checks (which is not mandatory).

For any guidance in relation to right to work checks, employment matters or redundancies, call us today on 0121 445 6178 or email enquire@aspirepartnership.co.uk.