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| Headline: | New checks on illegal workers |
| Description: | Changes have been made to the way in which employers have to check that the people they employ are legally permitted to work in the UK.
The new rules are intended to make it harder for people to work illegally while simplifying the procedure for employers. From 1 May 2004, employers have been advised to carry out three steps before any new employee starts work. You should ask the employee for documentary evidence of their entitlement to work in the UK. There are two lists of documents and employees must either produce any one document from List 1 — e.g. passport or some other document giving the holder the right to stay in the UK — or a combination of two documents from List 2. Forms showing an individual's national insurance number are on List 2, so they are not an adequate check by themselves. You should carry out certain checks to satisfy yourself that the potential recruit is the rightful holder of the documents they have presented, and that the documents allow the individual to carry out the type of work being offered. You must retain a copy of all relevant parts of the documents seen. The steps are not compulsory but only employers who carry out the full procedure will have a statutory defence against criminal conviction if it turns out that the employee is working illegally. Employers are warned that they risk an accusation of racial discrimination if they only apply the new checks to those applicants they think might not be British. The safest policy is to treat all potential employees in the same way. All European Union nationals have the right to work in the UK, including those from the eight east European countries that joined the EU on 1 May 2004. Workers from these EU accession countries must register with the Home Office as soon as they start working for an employer. The employer must retain a copy of the worker's application form until the issue of a registration certificate. It is a criminal offence to employ an unregistered national from one of these eight countries. These rules do not apply to workers from the other two new EU countries — Malta and Cyprus |
| Date: | 01.04.2005 |
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