The end of the transition period, after leaving the EU, on 31st December 2020 meant we needed to review the right to work section of these forms in the light of new immigration law. The good news back in January when we sent out our Newsletter No. 141, was there are no significant changes to either the List A or B documents.
From 1st July 2021, new rules for right to work checks now apply. EU, EEA, or Swiss citizens need to provide evidence of lawful immigration status in the UK. Employers are not required to retrospectively check the status of any EU, EEA, or Swiss citizens you employed before 1st July 2021.
Irish citizens can continue to use their passport or passport card to prove their right to work.
All other EU, EEA and Swiss citizens will no longer be able to use their passport or national identity card to prove their right to work. You’ll need to check their right to work online using:
- a share code;
- their date of birth;
You can also check someone’s original documents instead if they do not have a UK immigration status that can be shared with you digitally.
You could face a civil penalty if you employ a worker and have not carried out a correct right to work check.
The Home Office have now issued new guidance for Employers, including revised List A and List B documents from July 2021. This means that we need to inform all of our clients to update their procedures. If you use our Employment Details Form then you will find the revised right to work checks lists contained within.
The new starter and existing worker employment details forms referred to in this article can be found by clicking the links below, for you to adapt and use to suit your purposes.
Our Consultants would be pleased to advise you on any element of the issues arising from this newsletter.