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Illegal working: updated codes

Two updated codes of practice concerning the prevention of illegal working have been published.

Both codes apply to employment starting on or after 6 April 2022. They also apply where a repeat check on an existing worker is required on or after 6 April.

The codes are:

  • Code of Practice on Preventing Illegal Working which, among other matters, contains a new section in relation to right-to-work checks using an identity service provider. Other changes include references to eVisas and stating that employers should only carry out online right-to-work checks on biometric cardholders [https://www.crosslandsolicitors.com/site/hr-hub/right-to-work-checks-from-April-2022] from 6 April 2022
  • Avoiding Unlawful Discrimination while Preventing Illegal Working - the changes include examples of best practice for employers and how employees can evidence their right to work. It also stipulates that employees should not be offended if an employer asks them to evidence their right to work.