Employers: Do you know when to carry out Right to Work checks on EU employees?

Stone King

Unfortunately, it would appear many employers don’t and this could have serious consequences.

If Right to Work checks are carried out when they don’t need to be this can have a destabilising effect on your workforce – your staff need to be sure you are making the right decisions.

Conversely, if employers don’t carry them out and employ someone they shouldn’t they could end up facing a large fine.

In a nutshell, employers don’t need to carry out Right to Work checks on EU staff who were employed up to and including 30 June 2021.

And, if EU employees have applied for settled status under the EU Settlement Scheme (EUSS) and are awaiting a decision, they can continue to live in the UK and maintain a right to work until their application has been decided.

The guidance states: “There is no requirement for a retrospective check to be undertaken on EEA citizens who entered into employment up to and including 30 June 2021. You will maintain a continuous statutory excuse against liability for a civil penalty if the initial checks were undertaken in line with the guidance that applied at the time you made the check.”
It also states: “Individuals who are waiting for a decision on that application can continue to live their life in the UK and maintain a right to work until their application is finally determined.”

It's also worth remembering that, for most people, the deadline to apply to the EUSS was 30 June 2021.

However, in some cases applications can still be made after 30 June 2021.
The guidance states that those with ‘reasonable grounds’ as to why they did not apply to the scheme by the deadline may still be able to apply.
However, for those who do not hold a valid passport and require a paper application form, it is important to note that these applications can now only be made with confirmation from the EU Settlement Resolution Centre (EUSRC).
Businesses or individuals who would like to find out more about Right to Work checks and immigration requirements can contact Julie Moktadir on 0800 111 436, or email JulieMoktadir@stoneking.co.uk.