Watford employers should make note of new codes of practice

The new codes will come into force on April 6, 2022, when the way employers conduct right to work checks will also change.

Preventing illegal working

The first code sets out the checks employers should carry out in order to avoid civil penalties in the event of illegal working. It also explains the factors the Home Office take into account to determine penalties.

There is a new section on conducting right to work checks on British and Irish passport holders using an identity service provider. However, it is not expected that any identity service providers will be able to provide these services until later in 2022. References to eVisas and carrying out online right to work checks are also included.

Perhaps the most significant change is the removal of Biometric Residence Cards and Biometric Residence Permits from the lists of acceptable documents. From April 6, 2022, holders of these documents will only able to evidence their right to work using the Home Office online service.

Avoiding discrimination while preventing illegal working

This code of practice is to be followed by employers when carrying out right to work checks in recruitment or in the course of employing staff to ensure that they do not discriminate. The code of practice has been updated to include references to eVisas, making it clear that job applicants who hold an eVisa should not be treated more or less favourably by employers.