Where the employment of an EEA citizen or non-EEA family member commenced on or after 1 January 2021, and a statutory excuse was established for the duration of that person’s employment before 1 July 2021, the document checks set out in the ‘Employer’s guide to right to work checks’, last updated on 17 March 2021, continue to apply.Īpplicants to the EU Settlement Scheme (EUSS) have their rights protected whilst their application is determined. Where the employment commenced on or after 28 January 2019, and a statutory excuse was established for the duration of that person’s employment before 1 January 2021, the document checks set out in the ‘Employer’s guide to right to work checks’, last published on 28 January 2019, continue to apply. Since 28 January 2019, employers have been able to rely on the Home Office online service, ‘Check a job applicant’s right to work: use their share code’ to establish a statutory excuse. You are only required to conduct follow up checks on an employee if their right to work is time-limited. However, if you conducted a check between 29 February 2008 and and accepted an immigration endorsement in a passport that had expired or has since expired, your statutory excuse continues because this was an acceptable document at the time you conducted the check. Where the employment commenced on or after, and a statutory excuse was established for the duration of that person’s employment before 28 January 2019, the document checks set out in the ‘Employer’s guide to right to work check’, last published on 29 June 2018, continue to apply.įor example, since, for those people in the UK who require permission to work and reside, an immigration endorsement must be in a current passport to demonstrate a right to work. Where the employment commenced on or after 29 February 2008, and a statutory excuse was established for the duration of that person’s employment before, the document checks set out in the ‘Full guide for employers on preventing illegal working in the UK’ published in October 2013 continue to apply. This guidance applies to right to work checks conducted on or after 26 January 2023 to establish or retain a statutory excuse from having to pay a civil penalty for employing a person who is not permitted to do the work in question. This is called ‘establishing a statutory excuse against liability for a penalty’.
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