Changes to Right to Work Checks – What Employers Need to Know

From 1 July 2021, the rules around Right to Work checks for EEA citizens changed. Here’s what employers need to know and do next.

No Retrospective Checks Required

If you completed a Right to Work check for a new hire on or before 30 June 2021, and you have a record of it, you do not need to carry out retrospective checks.

• Your statutory excuse against liability for a civil penalty remains valid even if the employee is later found not to have the right to work in the UK.

• If you do choose to carry out retrospective checks, you must apply the same approach consistently across your business to avoid discrimination.

The New Process – From 1 July 2021

When hiring individuals from outside the UK (including most EEA citizens):

• They will prove their right to work using the Home Office online service.

• The individual will provide a share code and their date of birth, which you can use to check their immigration status online.

  
  

If a share code is not available, employees must instead provide one of a list of approved documents. These include (not exhaustive):

• A British or Irish passport (current or expired).

• A passport or Home Office document showing indefinite leave to remain, right of abode, or exemption from immigration control.

• A Biometric Residence Permit.

• A birth or adoption certificate (UK, Channel Islands, Isle of Man or Ireland) plus an official document showing their National Insurance number.

• A certificate of registration or naturalisation as a British citizen, plus an NI document.

  
  

(The full list is available on the Gov.uk website, but the key point is that only specific, original documents are acceptable.)

What Employers Should Do Now

• Audit your employee files to check you have the correct Right to Work evidence for all staff.

• Where there are any gaps, ask for the relevant documentation immediately.

• Make sure your processes are consistent, non-discriminatory, and up to date with the new rules.

What This Means for Employers

Right to Work checks are a legal requirement. If they’re not carried out correctly, employers could face hefty fines, reputational damage, and even criminal liability in serious cases.

By ensuring your checks are up to date, documented, and consistent, you:

• Protect your business from compliance risks

• Avoid discrimination claims

• Strengthen your recruitment and onboarding process

How Kirby HR Consultancy Can Help

At Kirby HR, we work with businesses to make compliance simple. Whether you need help auditing your employee files, training your managers, or implementing up-to-date Right to Work processes, we’ll make sure you’re protected.

Ready To Improve your Right to Work Process?

If absence management is creating challenges for your business – or if you simply want to put a proactive system in place – contact Kirby HR Consultancy today:

📞 07889 053608✉️ [Insert email link]🔗 [Insert contact form link]