Checking entitlement to work

[KM-Tiger]

employers have a legal duty under the Immigration and Asylum Act 1999 to check that each and every employee is entitled to work in the UK. Failing to do this is a criminal offence.

That caught my eye, and I wonder how many small employers actually do check. I never have, though I've never had any reason to doubt.

But how does one check. Is having an NI number and a P45 enough? Do you need to see a passport? If it's a not a UK passport what do you look for?

 

[bwglaw]

Kent,

I have found useful reference, insofar as possible in layman terms;

Business Link - Checking entitlement to work in the UK

It explains how the checks can be done.

At Hands On Group, we ask all potential employees for documentary evidence of their entitlement to work in the UK. By making this a blanket rule for all potential employees will save any employer from discriminating anyone on the grounds of their nationality/origin.

Employers should bear in mind that in most cases a foreign worker can bring a discrimination claim (in either sex, race etc) regardless of whether they are working under an illegal contract or not. This is because a discrimination claim comes under the law of torts and not the law of contract and therefore contractual issues are often irrelevant.

I recently took an employer to Employment Tribunal for an American worker who complained of sex discrimination. She was only allowed to work 20 hours a week on a Student Visa (she was working 40) and she knew the employer was not paying PAYE and she was paid cash-in-hand. The claim succeeded by settlement.


Jonathan

 

[Pebble Communications]

Most larger companies these days get this proof as part of the induction process. I had to take my passport in to be photocopied and the copy kept in my file at the last couple of companies I worked for. As Jonathan said, it is important to make this a requirement for ALL employees.

 

[SuffolkDesigns]

One of the reasons I like the ID card idea (as used here in Estonia) Government issued photo ID that states on the back the legal status of the holder in the country. In My case it is "Residence and work permit valid until......"