Employing immigrant/migrant workers

What can I do to make sure applicants are able to work legally?

Check original identity documents and retain copies, signing and dating the copy ‘original seen’ and keep it for 2 years after the employee has left. EA workers currently have an unrestricted right to work in the UK, non EEA workers will require a visa, the conditions of which will need to be strictly adhered to. You can obtain a Home Office guide by clicking here.

When checking ID documents make sure it looks genuine, unatampered with and the person on the document looks like the person in front of you. Address details may be tallied with identity bills etc.

myHRdept can help set up sponsorhip status in order for clients to recruit outside of the EEA.

Please contact us to discuss your HR needs or phone 01628 820515.

I am not sure that all of my existing staff are legal to work in the UK. How can I check?

One or two things you MUST be aware of:

If you carry out an audit, audit ALL of your employees, or a truly random sample if you have to too many to do all. DO NOT single out groups you think may be more likely to be illegally working or you could be vulnerable to discrimination claims.
Securely keep all information you gain from the audit. This will form part of your due diligence defence if you are challenged in the future.
Rigorously check all future new employee’s documents prior to employing them to ensure they are eligible to work in the UK.

Please contact us to discuss your HR needs or phone 01628 820515.

A job applicant is unable to produce documents to prove eligibility to work in the UK. What do I do?

If you are not sure that someone has the right to work in the UK you should not employ them until the evidence has been produced.

You can obtain a Home Office guide by clicking here.

When checking ID documents make sure it looks genuine, unatampered with and the person on the document looks like the person in front of you. Address details may be tallied with identity bills etc.

myHRdept can help set up sponsorhip status in order for clients to recruit for shortage roles outside of the EEA.

Please contact us to discuss your HR needs or phone 01628 820515.

It appears one of my employees does not have the right to work in the UK. What do I do?

You should urgently contact myHRdept to discuss the case as the person may have to be dismissed.

Please contact us to discuss your HR needs or phone 01628 820515.

Do I need to keep copies of employee's identity documents?

You should securely keep signed copies (signed, dated and marked ‘original seen’) about all employees irrespective of their nationality for 2 years after their employment has ended in order to be able to defend accusations of employing illegal workers. By keeping copies you will be able to construct a due diligence defence which should succeed providing you have carried out the necessary checks etc. DO NOT single out groups you think may be more likely to be illegally working (i.e. all those who aren’t ‘British’) or you could be vulnerable to discrimination claims.

Keeping signed and dated copies of identity/legal working checks will form part of your due diligence defence if you are challenged in the future.

Please contact us to discuss your HR needs or phone 01628 820515.

What is List A and List B and why is it important to know the difference?

List A refers to EEA nationals who currently have an unrestricted right to work in the UK. List B refers to all others and who can only work in the UK with persmission, normally via a visa and under a sponsor employer. You can obtain a Home Office guide by clicking here.

myHRdept can help set up sponsorhip status in order for clients to recruit for shortage roles outside of the EEA.

Please contact us to discuss your HR needs or phone 01628 820515.