Right to Work checks… strict interpretation could catch employers out

The recent case of Badara v Pulse Healthcare emphasises the difficult position employers may be placed with when considering the right to work of non-EEA family members of an EEA national. Here, a negative Employer Checking Service response and concerns about a civil penalty were deemed irrelevant factors, when the employer should have taken into account the automatic entitlement for the non-EEA spouse of an EEA national to work in the UK, as reflected in free movement domestic law. However, with Brexit on the horizon and Right to Work checks due to change from 1 January 2021, this case is likely to only have significance in the short term.