Right to Work Legislation – Election Update

With the certainty that the UK will leave the EU in only a few weeks, are you clear on the implications for your recruitment policies and the action you should now take?

The EU Settlement Scheme provides options for EU citizens – either a Settled or Pre-settled status; what this means for employers is defined by the Home Office as follows:  

It is the responsibility of the individual to make an application to the EU Settlement Scheme. You have a duty not to discriminate against EU citizens in light of the UK’s decision to leave the EU as both a prospective and current employer. You cannot make an offer of employment, or continued employment, dependent on an individual having made an application. Current ‘right to work’ checks (e.g. passport and/or national identity card) apply until the end of 2020. EU citizens can also evidence their right to work using the online right to work service, if they choose to do so. However, they are under no obligation to demonstrate their right to work in this way.

With 2.5M EU citizens having now applied for settled status, this has repercussions for the way in which employers must conduct Right to Works checks. You need to ensure your recruitment staff know how to handle situations they will encounter when presented with an ‘online share code’. The Home Office has produced an ‘employer’s toolkit’ to help.

You will also need to consider the profile of your current workforce and your 2020 recruitment needs. Once again, in light of the election outcome and certainty over BREXIT, ensuring your recruitment staff are aware of the Right to Work compliance process they must follow. Furthermore, the Government has already made it clear that changes to immigration legislation will be introduced and businesses will need to take steps to keep up to date and know how to act.

But what if your recruitment managers could simply download an app to address all these issues? Rightcheck is the new digital way to conduct Right to Work checks that makes it easy for organisations to comply with this critical aspect of recruitment legislation.

Should you need any further guidance please get in contact. We can help ensure you stay compliant with Right to Work legislation when the UK departs the EU on 31st January 2020.