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Right to Work Update: Employer's Guidance

The ‘Employer’s Guidance’ has been updated to reflect the change in legislation due to come in to force on 1 July 2021. The legislation will change the way employers carry out right to work checks on EEA citizens.


Where checks are carried out before 1 July 2021, EEA citizens may continue to evidence their right to work using their EEA passport or national identity card. Whilst you may encourage use of the online check, employers cannot insist that individuals use the online service or discriminate against those who wish to prove their right to work by presenting documents which are detailed within the list of acceptable documents.


Also, employers are not required to carry out retrospective checks on EEA citizens who were employed up to and including 30 June 2021, even in instances where they used their passport or national identity card as proof of their right to work. Further information is provided in the published guidance.


The updated guidance is available on GOV.UK at:


The information above was published by the Home Office and reproduced and posted here by DMA Solicitors for your information.

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