News : Valerie Moore

All employers must check specific documents from every prospective employee. This in the words from the officials – doing this “you may establish a statutory excuse against payment of a civil penalty for employing someone not entitled to undertake the employment you may have available”. That’s draconian – so let’s see if how to get it right (or as right as you can !).

For employees with time-limited leave to be in the UK the employer must carry out repeated checks at least once a year “to retain the excuse”.

So what do you need to do

+   take all reasonable steps to check the validity of documents belonging to employees and potential employees (so this needs to happen at interview stage).
+   verify that the employee is the rightful owner of the documents they give you
+   check the photograph and date of birth against their appearance
+   retain copies securely (date protection act) for at least 2 years after the termination of their employment

If the document is not a passport or other travel documents you must keep a copy of the entire document.

For a passport or other travel document you must copy of the front cover and any pages that contain

+  the person’s personal details including nationality
+  he person’s photograph
+  the person’s signature
+  and the date of expiry
+  a visa or entitlement to enter or remain in the UK and undertake the work in question.

So who is entitled to work in the UK and what documents are acceptable as proof ?

Not a simple question to answer – some EU citizens can work without restrictions – others cannot. Some documents are acceptable on their own – others are not. I would recommend a very useful book that can be downloaded “Prevention of Illegal Working” – Summary Guide for Employers – February 2008 and can be found at

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/preventingillegalworking/currentguidanceandcodes/summaryguidance0208.pdf?view=Binary

Remember you must avoid discriminating against any employee or prospective employee so it is sensible to ask every one to provide the necessary confirmatory documentation – yes even your younger twin sibling would be my advice.

More information at

The Business Link website has good information and links at
http://www.businesslink.gov.uk/bdotg/action/layer?r.l1=1073858787&r.l3=1073981874&topicId=1073981874&r.t=REGUPDATE&site=106&r.i=1080202197&r.l2=1079568262
The UK Border Agency at www.bia.homeoffice.gov.uk/employers