Do you have evidence of your employee’s eligibility to work in the UK?
You will no doubt have heard about Baroness Scotland, the Government’s top law officer, being fined £5,000 for breaching UK Border Agency rules on employing migrant workers after the agency found that she had employed a Tongan woman who did not have the right to work in the UK. Despite Lady Scotland carrying out the immigration status checks required by the Act, which she helped to pilot through Parliament, she failed to keep photocopies as proof that the checks had been made.
HCS recommends that as an employer you should:
· Ensure successful applicants register with the Home Office if they are from the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia and obtain certification under the Workers Regulation Scheme. You should keep a copy of the application form submitted until certification is received.
· Request evidence of eligibility to work in the UK for all employees, documents can include:
o Birth certificate
o Passport or national identity card
o Workers Registration Certificate if employee has been employed elsewhere within the last 12 months.
o Permanent residence card
· Examine the documents shown ensuring correct name, date of birth and photographs are a true reflection.
· Take copies of documents provided and retaining in employee file.
· Review documents on an annual basis to ensure they are still in date.
· Retain documents for a period of two years following leaving employment.
Download the HCS step by step guide of Governance & Control of Employing Illegal Immigrants, go to the HCS website and follow the link for your copy – www.humancapitalservices.co.uk
If you have any questions at all or require to discuss with one of our Consultants call us today on 0141 7766456 or email enquiries@humancapitalservices.co.uk
02 October 2009, webeditor