Question to the Home Office:

To ask the Secretary of State for the Home Department, what recourse is available to people who have a right to work in the UK when they have lost their job as a result of an employer failing to use the Employer Checking Service; and what guidance his Department has issued to employers on their responsibilities in relation to that service.

The Home Office issued guidance to employers on 28 January 2019 on how they can use the on-line digital service in complying with their responsibilities under the Immigration, Asylum and Nationality Act 2006 on the prevention of illegal working. The online service provides an alternative digital means for individuals to evidence their right to work if they hold a biometric residence permit or biometric residence card or status under the EU Settlement Scheme. The Home Office guidance clearly stipulates that employers should provide individuals with every opportunity to demonstrate their right to work. They should not discriminate on the basis of whether or not an individual is able or willing to demonstrate their right to work using the online checking service, as opposed to using physical documents specified in Home Office regulations which continue to be acceptable. The guidance makes clear that employers who do so risk breaching the Equality Act 2010. Where employees have an outstanding immigration application or appeal, the Home Office provides a separate employer checking service which provides emailed confirmation to the employer of the person’s continuing right to work in these circumstances. The Home Office has issued a statutory code of practice for employers on how to avoid unlawful discrimination whilst conducting right to work checks.