During 2014 a number of significant changes were made to the document check regime that employers are required to follow to ensure their employees are entitled to work in the UK. These changes included the ending of repeat annual document checks for employees with limited leave to remain in the UK. Fresh guidance was issued in May and July 2014.
On 22 December 2014, the Home Office issued a further updated employer's guide to conducting checks. The additional changes are largely confined to points of clarification which will be welcomed by employers:
- Employer Checking Service – the guidance provides details of the new arrangements for making an enquiry using the ECS online interactive tool.
- TUPE transfers – document checks for transferring employees are not required in circumstances wher there is only a change in the legal constitution of the employer (such as a change from a partnership to a limited company).
- Tier 4 students – further details on the work rights and work placement rules are set out in detailed appendix to the guidance.
- Expired passports – a non-EEA national may present either a current or expired passport which contains a current Residence Card, Permanent Residence Card, Accession Residence Card or Derivative Residence Card as evidence of their entitlement to work in the in the UK.