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Interveiws and Data Protection
Comments
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DVardysShadow wrote: »As you say, the legal requirement is to see proof of the right to work in the UK. But once they take and keep a copy, they are going beyond what the law requires and the copy is 'data'.Actually no they are not. Yes, the copy is data in the same way that anything else is. But the employer is not required to see a passport - they are required to copy the originals of the required evidence as proscribed by law and be able to produce it when and if required. They are not therefore going beyond the law, they are complying with it. The law used to be see - it changed about two years or so ago, might be three. Now it is "hold a copy of". It wa changed because employers were claiming they had seen documents when they had not.
My understanding is that neither of these comments is entirely correct.
As I understand it, (but I might be wrong) an employer can face a civil penalty of up to £10k per illegal worker they employ.
However, the appropriate legislation also allows the employer to establish 'an excuse' against such penalty if the employer can produce a copy of the document checked.
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/preventingillegalworking/currentguidanceandcodes/summaryguidance0208.pdf?view=Binary (page 6)
Therefore it would be extremely unwise to employ someone without taking and reatining a copy of such documentation.
Because of possible discrimination litigation otherwise, the employer needs to do this for all employees."Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
Actually no they are not. Yes, the copy is data in the same way that anything else is. But the employer is not required to see a passport - they are required to copy the originals of the required evidence as proscribed by law and be able to produce it when and if required. They are not therefore going beyond the law, they are complying with it. The law used to be see - it changed about two years or so ago, might be three. Now it is "hold a copy of". It wa changed because employers were claiming they had seen documents when they had not.
This is why I originally questioned the need to keep a copy of my passport. They are not my employer. I was rejected at first stage interview.
Reading the various responses on here, it seems like the law on this is open to interpretation.0 -
Swifteaves wrote: »This is why I originally questioned the need to keep a copy of my passport. They are not my employer. I was rejected at first stage interview.
Reading the various responses on here, it seems like the law on this is open to interpretation.
Did you give them a copy of your passport or did they make the copy themselves?0 -
Why are you so concerned at them retaining a copy of the information you willingly allowed them to have in the first place???"Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100
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Hopefully they made the copy themselves. They are required to see the original documents before employing someone.Did you give them a copy of your passport or did they make the copy themselves?"Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
Did you give them a copy of your passport or did they make the copy themselves?
They took a copy themselves. This was one of the interview requirements.
I must add that it's not really a big deal. I just wanted to understand why it was being done at such an early stage in the process, and whether it was standard practice.
I have an enquiring mind.0 -
Swifteaves wrote: »They took a copy themselves. This was one of the interview requirements.
I must add that it's not really a big deal. I just wanted to understand why it was being done at such an early stage in the process, and whether it was standard practice.
I have an enquiring mind.
It is unlikely to be anything sinister, we take copies where I work, as do the majority of firms who want to cover their backs.
I would be unhappy if they didnt destroy these copies if they didnt give me the job however. I would ask them first if they will be destroying it.
where I work I shred all the recruitment files including these passport /other proof of elegibility to work copies.
Only thing that is kept is equal opportunities data which is anonymous.0 -
ive never came across that as a legal exemption. A source would be helpful.
I could, in fact I did, but it looks like someone reported the post and now it's been removed ... all within 30 minutes of posting.
Oh well...
Seems like we can't discuss discrimination cases because ...well ...some people obviously consider it to be offensive.
Bearing in mind the speed with which the post was reported and removed, well..."Now to trolling as a concept. .... Personally, I've always found it a little sad that people choose to spend such a large proportion of their lives in this way but they do, and we have to deal with it." - MSE Forum Manager 6th July 20100 -
It is unlikely to be anything sinister, we take copies where I work, as do the majority of firms who want to cover their backs.
I would be unhappy if they didnt destroy these copies if they didnt give me the job however. I would ask them first if they will be destroying it.
Agreed. I do think that the company in question is ensuring that it has all bases covered.
I've just spoken to one of their HR reps. She confirmed that documentation of this nature (copies of passport, visas etc.) is destroyed if the applicant is unsuccessful. That makes perfect sense to me.0 -
My understanding is that neither of these comments is entirely correct.
As I understand it, (but I might be wrong) an employer can face a civil penalty of up to £10k per illegal worker they employ.
However, the appropriate legislation also allows the employer to establish 'an excuse' against such penalty if the employer can produce a copy of the document checked.
http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/preventingillegalworking/currentguidanceandcodes/summaryguidance0208.pdf?view=Binary (page 6)
Therefore it would be extremely unwise to employ someone without taking and reatining a copy of such documentation.
Because of possible discrimination litigation otherwise, the employer needs to do this for all employees.
Technically you are correct - if the employer has evidence that they have inspected documentation (originals) then this gives them a legal excuse if the employee then turns out to be working illegally. But the rules actually go further than "advisory" - employers are required to copy and retain the copies of relevant documents during the employees employment and for two years after they leave.
There is no such requirement for people who are not subsequently required, but as I said, if they are being cautious, they may retain them for a period. Many public sector agencies, for example, as you have suggested, keep all documentation pertaining to interviews for a minimum of six months (three months in case they get taken to a tribunal and three months in case the deadline gets extended!), in order to ensure they have anything and everything they need to resist a legal challenge0
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