Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Right to workWritten statement of employment particularsLatest NewsEmployment contractsImmigration

Physical right-to-work checks now to resume on 1 September

by Adam McCulloch 18 Jun 2021
by Adam McCulloch 18 Jun 2021 Shutterstock
Shutterstock

This article is now out of date following an announcement on 26 August 2021 to postpone the return of physical checks until April 2022.

The Home Office has announced a further delay in the resumption of physical right-to-work checks. 

Plans to resume physical checks on 21 June had been strongly criticised by business organisations in light of the four-week delay in unlocking Covid restrictions and the slow pace of the return to offices, and the government has responded by saying it will continue with the Covid-19 “adjusted” checks until 1 September 2021.

Responding to the announcement, Neil Carberry, chief executive of the Recruitment and Employment Confederation (REC), said: “This is a sensible decision that will keep the jobs market moving. We’re pleased government has listened, and we look forward to working with the Home Office on the next logical step – a permanent digital system.”

The REC had estimated that more than 300,000 people a week would have been delayed from starting work if the Home Office plan to reimpose physical checks had gone ahead on 21 June.

Right to work

Right-to-work checks put back

Immigration rules and right to work 

Proof of right to work in the UK – copying of documents requirements 

It had argued that mandating in-person checks went against government public health guidance to continue to work from home where possible.

There was also an ambiguity that would have arisen on 21 June whereby digital checks would have continued for foreign nationals, meaning UK citizens were effectively being disadvantaged.

Each digital check only takes around five minutes – but an in-person check can take closer to 45 minutes, the lobby group said.

However, shunting the reimplementation of physical checks to a later date did not resolve the issue, the REC said and it is now urging the Home Office to allow digital checks for the long term, or at the very least until final social distancing restrictions are lifted.

Immigration specialist and partner at City-based law firm Bates Wells, Chetal Patel, told Personnel Today that a delay was welcome but did not provide a proper solution: “This is a step in the right direction, however, businesses need a permanent solution.

“The return of physical checks is not realistic for many organisations even post-1 September 2021. The expansion of the digital checks is much more fitting and not only does it reflect the new age of working, but it also ties in with the Home Office’s digitalisation process.

“Lobbying will continue for digital right-to-work checks to remain on the agenda for good,” she added.

“The Home Office has yet again left it to the last minute to issue guidance. This is yet another example of the Home Office kicking the can down the road and it’s having an extremely disruptive impact on businesses who are unable to plan due to constant changes.”

Tania Bowers, legal counsel and head of public policy at the Association of Professional Staffing Companies (APSCo) said: “There has been a huge amount of time and effort that has gone into adapting the right-to-work verification processes in a remote environment and to return to pre-pandemic systems that do not retain the flexibility that is needed in a hybrid working environment will not help organisations during this recovery period.

“We also remain concerned that a change to in-person checks at any point means that UK nationals will be treated differently from non-UK nationals. Proof of right to work checks for non-UK nationals are carried out digitally via UK Visas & Immigration, whereas UK national checks are required to be conducted in person. We believe that everyone should be treated equally, and encourage a level-playing field between the foreign and domestic workforces, and we have asked the home secretary to take swift action on this matter.”

The latest revised guidance states that until 1 September 2021 (final day 31 August) checks can continue to be carried out over video calls; job applicants and existing workers can send scanned documents or a photo of documents for checks using email or a mobile app, rather than sending originals; and employers should use the Employer Checking Service if a prospective or existing employee cannot provide any of the accepted documents.

After 31 August, employers must check the applicant’s original documents or check the applicant’s right to work online, if the applicant has passed on their share code (gained from passport and biometric residency permit/card details).

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

Previously the physical checks had been due to be reimposed on 17 May, but a decision was made to put this back to 21 June on 12 May.

Recruitment and resourcing opportunities on Personnel Today

Browse more recruitment and resourcing jobs

Adam McCulloch

Adam McCulloch first worked for Personnel Today magazine in the early 1990s as a sub editor. He rejoined Personnel Today as a writer in 2017, covering all aspects of HR but with a special interest in diversity, social mobility and industrial relations. He has ventured beyond the HR realm to work as a freelance writer and production editor in sectors including travel (The Guardian), aviation (Flight International), agriculture (Farmers' Weekly), music (Jazzwise), theatre (The Stage) and social work (Community Care). He is also the author of KentWalksNearLondon. Adam first became interested in industrial relations after witnessing an exchange between Arthur Scargill and National Coal Board chairman Ian McGregor in 1984, while working as a temp in facilities at the NCB, carrying extra chairs into a conference room!

previous post
Deloitte lets staff choose when and where they work
next post
Top law firms offer new fertility staff benefits

You may also like

Immigration white paper: which jobs will be affected?

19 May 2025

Immigration white paper: 10 key points and reaction

12 May 2025

Immigration white paper: strict limits on overseas recruitment

12 May 2025

Government could limit work visas for some nationalities

6 May 2025

Labour MPs urge more flexibility with EU over...

24 Apr 2025

Hiring international workers: key considerations for employers

8 Apr 2025

Home Office reveals employers’ costly right-to-work mistakes

7 Apr 2025

New right to work checks put onus on...

3 Apr 2025

Will new visa rules kill or cure the...

25 Mar 2025

‘Inconsistent immigration policy since Brexit is damaging the...

21 Mar 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+