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<p>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.</p>
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