The Asylum and Immigration Act 1996 imposed obligations on employers to ensure that employees are entitled to work in the UK legally. Prior to 1st May 2004, employers were discharging their duty under this legislation as long as they could show that they had proof of identification in the form of a National Insurance number, passport, short birth certificate or a standard letter relating to asylum seekers.

This system seemed adequate but the Home Secretary was not satisfied so the tempo was increased on 1st May 2004 and the Home Office considered that a more stringent approach was necessary because these documents were easily forged or abused.

Now employers must ensure that all potential workers can legally live and work in the UK before they are actually offered a job. It is extremely important that employers take heed of these new requirements, regardless of what they perceive the nationality or ethnicity of their potential employees to be - otherwise they could fall foul of the Race Relations Act 1996 or the new regulations which came into force last year preventing discrimination on grounds of religion or belief.

So, if you would like to offer somebody a job, what documents do you require from them?

There are two lists of documents which you need to be aware of. The first is called List 1 and relates to secure documents. At the first instance, you should try to obtain one of the original documents included in this list such as a UK passport, an EEA passport, a National Identity Card of an EEA Member State or a UK Residency Permit. The list also includes passports endorsed with a number of stamps, e.g. to show that the holder has a current right of residency in the UK. You should take a photocopy of the document and keep this on the worker’s personnel file.

If it is not possible to obtain an original document listed under List 1, you then need to turn to List 2. You must obtain an official document bearing a UK National Insurance number and another specified document such as a full British birth certificate, a certificate of registration or naturalisation as a British Citizen or an immigration status document endorsed with a UK Residents Permit showing indefinite leave to remain in the UK .

When you are reviewing all documentation you must be satisfied that the photograph is consistent with the appearance of the worker. Furthermore you need to check that the date of birth recorded is in accordance with their appearance.

In summary if it comes to light that a person you have employed does not have the right to work in the UK, and you have not followed the above procedures, this could lead to a criminal conviction and a fine of up to £5,000.

Disclaimer
Professional advice should always be sought when dealing with legal issues. This article does not constitute legal advice and no responsibility can be taken from actions arising from reading this article.