The government have announced that the COVID19 temporary guidance ends on the 20th June. Physical checks of ID documents for Right to Work will need to start from the 20th June (changed from the 17th May) – are you ready?

How do you:

• Notify all your staff?
• Know the right combinations of documents have been captured?
• Ensure the documents presented are real?
• Your process remains GDPR Compliant?

However there are some options, offer further training, or alternatively, use our technology. Our solution uAuthenticate mobile:

• Is always up-to-date with the Right to Work Home Office guidance
• Through it’s wizard driven process, ensures your staff have captured the right combination of documents
• Uses your mobile phone to authenticate the documents and help you spot any fakes
• From a GDPR perspective, is secure and stores the documents in the cloud using the latest encryption technologies. Removes paper and stores all you information in a central cloud service.

Right to Work rule changes continue to be in the spotlight

With continual changes (the most recent example is between April and May the physical checks were required from 17th May; on the 12th May this has changed to the 21st June) it is essential to ensure you remain compliant with the employment landscape. It’s a long and winding road from the initial Brexit and the transition period especially when the Home Office guidance is being constantly updated and key milestones arrive.

Consequently, How do you manage to keep up?

From 1st July this year, there are different requirements when employing EU citizens. Specifically, EU citizens (aside from Irish citizens) must have a valid UK immigration status under the European Temporary Leave to Remain scheme, the EU Settlement scheme, or be sponsored through the new points-based immigration system.

Under the latest guidance if you employ an EU citizen who does not have appropriate immigration endorsement and who has not submitted a valid application under the EU Settlement scheme after 30 June 2021, they will be classed as an illegal immigrant.

There is a real risk that employers will face legal consequences for employing an illegal immigrant.

Forgive this hard hitting message about compliance.

For Right to Work, if your employee:

• Does not have permission to remain in the UK;
• Had permission to remain but it has expired;
• Is not allowed to do certain types of work; or
• Has incorrect or false papers;

….. you cloud be guilty of illegally employing an individual

The Home Office guidance indicates that company directors have a risk of personal liability if found to be employing illegal immigrants. The offense is a criminal one and comes into play if:

• you employ someone you know lacks the right to work in the UK,
• have reasonable cause to believe that to be the case,
• Suspect the worker is illegal.

Forget the £20,000 fine per illegal, as those found guilty of knowingly employing illegal workers can face unlimited fines and a jail term of up to five years.

In summary, changes to the new immigration system were announced before the UK left the EU in March 2019. Consequently, company directors are expected to know about the Home Office guidance for Right to Work. The Governments media have done their job well especially so in 2021.  Therefore, claiming ignorance would be an uphill struggle for any director to argue.

Technology and Right to Work represents a good answer

Fortunately, for Right to Work help is at hand with uAuthenticate

Contact us to find out more.

Alternatively, if you have a largely paper based process you could also take the opportunity to look at how simply we could help you create one digital flow for onboarding of staff through:

• Increasing efficiency
• Ensuring your staff follow your process
• Enhancing Security of data storage
• Eliminating paper

Finally, one for you to consider, uOnboard could be a great first step to digitsing your recruitment process and improving green credentials too.

The post Right to Work – Physical ID checks are needed from the 21st June appeared first on uComply.

If you actively employ European workers are you prepared?

Do you know what is happening with your existing workers?

Is there anything I can do to help with my existing staff?

From the 1st January 2021 for new European employees I’ve summarised the changes into 3 key points below for the new RTW rules. If:

• The employee has been resident in the UK for more than 5 years they should provide you with an EU settled status code. You, as an employer need to check this with the Home Office online portal
• The employee has been resident before the 31st December 2020 they should provide you with an EU pre-settled status code. Again, as an employer, you check this on the Home office portal but, make a note of the expiry date.
• They have arrived after 31st December 2020 and cannot produce an endorsement that you can validate. Then they are required to be sponsored under the new points-based system. However, employers have a duty not to discriminate against EU, EEA or Swiss citizens. You cannot require them to show you their status under the EU Settlement Scheme until after 30 June 2021. Therefore, You’ll need to check a job applicant’s right to work in the same way as now until 30 June 2021.

If you have existing workers who are from Europe then until June 2021 the current guidance remains in force. The employer does not have to police that their staff have applied for settled status. In short, EU/EEA nationals will be able to present their passports and/or ID cards to confirm their right to work in the UK.

Hiring from the 1st July remains unspecified and employers will need to check that EU/EEA nationals have appropriate endorsements. The Home Office in their new guidance document* (see note below) have indicated that they will update the guidance on how to conduct right to work checks on EEA nationals after 30 June 2021 in advance of this date.

Sounds confusing? It is important that employers check the governments’ guidance to ensure compliance. We can help with our virtual Right to Work training. Get in touch if you’d like to know more.

What can employers do in lieu of the New RTW rules?

A number of our clients have asked “what do we need to do”?

Template letter re the EU settlement scheme

In the short term the onus is firmly on the employee to prove their status.

For existing staff the Home Office suggests that employers may wish to communicate to their current EU staff informing them about the EU settlement scheme.

Points to note about your staff:

As the scheme is voluntary your staff do not have to apply:

• They do not need to apply if they are Irish citizens but still can do so.
• Not required if they have indefinite leave to remain or enter. However they can do so.
• As an employer you must not discriminate against EU nationals.
• It is important to note that if you need specific advice regarding the above you should contact an immigration expert.

We have a number of immigration firms who we can recommend.

For those employers who have a need to employ from the EU under the skilled worker scheme then you may wish to apply to become a Sponsor employer. There is a charge to be a Sponsor (from £536 PA) and additionally, a cost per individual worker dependent on the type of visa. For full details about the UK points based immigration system click here.

uAuthenticate will of course always be kept up-to-date as and when the guidance changes.

*The new guidance issued on the 17 December 2020 can be viewed here in detail.

Finally, if you have any questions please get in touch. Please use the ‘contact us’ message or, call 01707 802899

The post New RTW rules are coming appeared first on uComply.

However, when you taking on new employees you do have to comply with the Home Office guidance for Right to Work.

Our RTW offer

For a donation to charity we are offering every employer one licence of uAuthenticate Mobile valid until December 2020. Our chosen charity is NHS Charities Together (registered charity no. 1186569)

All employers are under pressure during this period and uComply would like to help. To comply with the guidance can seem onerous. You need to follow the Home Office RTW guidance. Click here to see the full 40 pages of documentation. Adopt technology, use our RTW APP in your organisation.

What is the RTW guidance?

The full RTW guidance asks that you:

• See the original document and ensure that it is genuine
• Tie the document/s to the individual, this can be using video.
• Have proof that the checks were made, including a signature and date of the check

Perform these checks and you will get a Statutory Excuse against prosecution if the candidate is illegal.

The image to the left shows how, using a few steps, our technology could help you follow the RTW process. If you would like ensure you have full compliance why not take a look at uAuthenticate Mobile

During the COVID-19 outbreak there are temporary changes in place to the current home office guidance for RTW:

• Ask the worker to submit a scanned copy or a photo of their original documents
• Arrange a video call with the worker – ask them to hold up the original documents to the camera and check them against the digital copy of the documents presented
• Record the date you made the check and mark it as “adjusted check undertaken on [insert date] due to COVID-19”

Once the COVID-19 period has ended you have 8 weeks to review the original documents.

This applies to all staff taken onboard during the current outbreak.

Our solution uAuthenticate Web will safely take you through this process and ensure you stay compliant with the RTW process. It will seamlessly dove-tail into our mobile solution to ensure any face to face checks are done in-line with the current guidance.

Help your business. Donate to charity. Let’s get Britain going again.

If you would like to know more please get in contact with us.

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