As an employer you are not responsible for making sure your EU employees have applied to the scheme and you do not need to undertake retrospective right to work checks on EU citizens who were employed on or before 30 June 2021. You will have a continuous statutory excuse against a civil penalty if you carried out an initial right to work check in the correct way at the time you completed the check, such as where an EU citizen provided their passport or national identity card to you to prove their right to work prior to 30 June. However, some employers may wish to conduct retrospective checks to ensure the stability of their workforce. If you choose to carry out retrospective checks, you must ensure that you do so in a non-discriminatory manner. There may be situations after 30 June 2021 in which you identify an EU citizen in your workforce who has not applied to the EUSS by the deadline and does not hold any other form of leave in the UK. They may tell you they have missed the deadline through no fault of their own and you may believe it to be disproportionate were you to take immediate steps to cease their employment. Full guidance has been published on the steps you should take as an employer if this situation arises.