Employment
and related matters
Legal
Working in the UK
In
line with the Asylum and Immigration Act 1996, it is a criminal
offence to employ anyone who does not have an entitlement
to work in the UK, or undertake the type of work you are offering.
Any employer who does not comply with the law may be facing
a fine of up to £5,000.
We provide an overview of the documentation required to ensure
that your business does not fall foul of the law.
The
New Rules
The
increasing trend of illegal immigrants entering the UK has
led to a rise in forged documentation, as well as grounds
for certain employers to take advantage of cheap labour.
To combat this, the Home Office has reviewed the law in this
area and new regulations were introduced on 1 May 2004.
Documentation
Requirements
An
employer must now obtain and take a copy of either one of
the original documents included in List 1 or two original
documents in List 2 using either ‘Combination One’
or ‘Combination Two’.
- List
1
- a
UK passport
- an
EEA national passport or national identity card
- UK
residence permit
- an
application registration card issued by the Home Office
to an asylum seeker stating that the holder is permitted
to take employment.
- List
2
- Combination
One
- A
document giving the person’s permanent national
insurance number and name, plus:
- Original
birth certificate or
- A
certificate of registration or naturalisation stating
that the holder is a British citizen or
- a
letter issued by the Home Office which indicates
that the person named in it can stay indefinitely
in the UK or has no time limit on their stay or
- an
immigration status document issued by the Home Office
with an endorsement indicating that the person named
in it can stay indefinitely in the UK, or has no
time limit on their stay or
- a
letter issued by the Home Office which indicates
that the person named in it can stay in the UK and
this allows them to do the type of work you are
offering or
- an
immigration status document issued by the Home Office
with an endorsement indicating that the person named
in it can stay in the UK and this allows them to
do the type of work you are offering.
- Combination
Two
- a
work permit or other approval to take employment that
has been issued by Work Permits UK plus:
- a
passport or other travel document endorsed to show that
the holder is able to stay in the UK and can take the
work permit employment in question or
- a
letter issued by the Home Office confirming that the
person named in it is able to stay in the UK and can
take the work permit employment in question.
Checking
Procedures
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The
following checks must also be taken to ensure that each
document also relates to the prospective employee in
question:
- ensure
that any photograph and date of birth is consistent
with the appearance of the individual
- if
more than one document is produced ensure that the
names on each are identical. Otherwise further explanation
and proof will be necessary, for example, a marriage
certificate
- check
expiry dates
- take
copies of original documents only.
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To
ensure that there is no discrimination, it is recommended
that all potential employees are asked to produce original
documents indicating they have the right to work in the UK.
How
We Can Help
We
will be more than happy to provide you with assistance or
any additional information required.
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of page
For information of users: This material is published
for the information of clients. It provides only an overview
of the regulations in force at the date of publication, and
no action should be taken without consulting the detailed
legislation or seeking professional advice. Therefore no responsibility
for loss occasioned by any person acting or refraining from
action as a result of the material can be accepted by the
authors or the firm.
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