With 2021 just around the corner there are a number of important aspects and considerations in relation to Right to Work legislation that HR Directors and Managers need to understand. This article provides an executive overview of what is ahead and the actions required, we have also established a free to use email advisory service for any organisation requiring further input – simply email firstname.lastname@example.org
There are no immediate actions required with regards to existing employees. Providing you conducted satisfactory Right to Work at the point of recruitment you will have fulfilled your obligations; any subsequent changes to Right to Work legislation will not apply retrospectively to existing employees.That said, there are two further matters to be aware of in the case of existing employees:
From 1st January there are four categories to consider that relate to the nationality of the candidate. We will consider each of these categories in turn, identifying any considerations you should take into account within your recruitment process to ensure compliance with Right to Work legislation.
No changes to the current situation – i.e. you must continue to conduct Right to Work checks in the same way you undertake today: Note - it is a requirement that you do undertake Right to work checks on all candidates to avoid any risk of discrimination and also to ensure that were an issue to subsequently come to light questioning the identity/authenticity of an individual's ID documentation then, providing you have conducted a Right to Work check correctly, you will have established a statutory excuse
The Common Travel Area (CTA) is a long-standing arrangement between the UK and Ireland that pre-dates UK membership of the EU. Under the CTA, Irish citizens can move freely and reside/work in the UK i.e. a candidate that presents you with an Irish passport is sufficient ID documentation to establish they have a Right of Work in the UK.
For EU citizens who currently reside in the UK and hold either settled or pre-settled status, the process for employers to conduct Right to Work checks is already defined (via an online share-code supplied by the candidate).For EU citizens who reside in the UK and have not yet applied for the settlement scheme, EU passports and ID Cards can continue to be used as proof of Right to Work.
From 1 January 2021, a new points-based immigration system will apply to the UK, treating EU and non-EU citizens equally when applying for visas. Employers who wish to recruit workers from outside the UK after 1 January 2021 must apply to the Home Office to become an approved sponsor and should be aware of the new visa types.Employers should also be aware of the new Frontier Worker Permit. This new visa is applicable to any employees that are EU citizens working for the organisation but who do not reside in the UK.
Disclaimer: The information contained in this article is provided for information purposes only and should not be construed as legal advice on any matter. You should not rely on the information published on this website, which does not take account of individual circumstances and may not reflect recent changes in the law. While we make reasonable efforts to keep our information accurate, we assume no responsibility for its accuracy and correctness, or for any consequences of relying or acting upon it, howsoever arising.