Wages being withheld, is it allowed?

ab7167

Don't get it - surely if she was born before 1st January 1983, the short birth certificate is enough, as prior to this date you were a citizen purely by virtue of being born in the UK, which the short certificate would show. Born after this date, and you are only a citizen if born in the UK to a parent who was either a citizen themselves or legally settled here. So you would need both your long birth certificate AND proof that one of your parents was either a citizen or legally resident?

Apologies if I have misunderstood - but I can't see how the requirement for a long birth certificate in itself is a garuntee that the holder is eligable to work in the UK. At least, no more so that the short one? Does anyones employer as for parents proof of status? I've never come across this personally as I was born before 1983 and hold a passport in any case. But my employer does ask to see proof of our eligibility every 2 years, I guess it's easier to ask everyone rather than try to maintain a database if who is permanently eligible and who is on work visa.

sexki11en

concerned43 wrote: »

She has given them her driving license and NI number (which people who have a right to work have)!
I would get on to head office in the morning and complain like hell!

Really don't advise people unless you know what you're talking about. Both your posts so far in this thread have been incorrect.

A driving licence does not prove you have the right to live and work in the UK. Neither does a short birth certificate (in fact it even says it is not a valid form of ID on the bottom of it) A FULL (long) birth certificate along with a proof of NI Number is acceptable proof, alternatively a passport.

For the OP, as has already been said, the employer have already broken the law by employing someone without all the relevant document. It's seems they know this but are using the money to try and hurry the correct documentation along.

If I were your GF, I would speak to HR and explain that without the money, she can't get the ID. With any luck, the reason they're doing this is because they have an inspection due and once they realise that without paying her, they're not gonna get the ID - they might change their tune.

SK x

duckmaster

ab7167 wrote: »

Apologies if I have misunderstood - but I can't see how the requirement for a long birth certificate in itself is a garuntee that the holder is eligable to work in the UK. At least, no more so that the short one? Does anyones employer as for parents proof of status? I've never come across this personally as I was born before 1983 and hold a passport in any case. But my employer does ask to see proof of our eligibility every 2 years, I guess it's easier to ask everyone rather than try to maintain a database if who is permanently eligible and who is on work visa.

Whether or not its a guarantee is not the point. The Asylum and Immigration Act says that an employer must see proof that their employees can work in the UK, and the Act says that a long birth certificate is acceptable but a short one isn't.

It might not make sense and it might not be "right", but that's an issue to take up with your MP, not your employer. As far as your employer is concerned the law is written very clearly in black and white and they have to abide by it.



Birth certificates are surprisingly interesting things. When you're born a birth certificate is never actually issued; what happens is that someone registers the birth (one of your parents), by filling in a form. That form is then taken away to your districts Register Office and entered into a big book called the Register of Births (a copy of the form is sent to London/Edinburgh/Belfast, depending which home nation you were born in, and entered into an even bigger book).

Nowadays the information is backed up onto computer, but only some of it is searchable. If you want a short birth certificate then the Register Office can get any old temp to search through the computer for it, and since the info on a short one isn't particularly confidential (age, current gender) that's not a big problem.

However, if you want your long birth certificate then they can't just let any old idiot see it (as it may show some things you don't want people to see, such as your former gender and the identity of your parents). Some grizzly old registry officer has to tramp down to the cellars and search through the Register of Births to find your name (and the names are in order of registration, not DOB or alphabetically... do you know when your birth was registered? of course not!) and, once he's found it, copy every single letter onto a proper certificate. This is called "An official extract from the Register of Births", or "Birth Certificate" to you and I.

And that is why long birth certificates are so much better than short ones, which don't contain much more information than your bank has on you.

So there you go :rotfl:

jay86_2

Hello again!
Well she has spoken to HR at work and they have now changed their tune anyway (maybe they use MSE? ). However now they have started a whole new excuse and saying that they have paid her!! She knows they haven't, they know they haven't as there are almost 30 people that she works with, and she was the only one who didn't get a pay slip on thursday. Must be a coincidence? Pah!! They have now asked her for a bank statement to prove they haven't paid her. She has double-checked her bank details with them are correct and they are, just becoming a joke now. Seems odd that they only seem to be messing her about though.

Thanks for the info, it's been really helpful and i'm gonna be making sure she gets herself a passport asap

GavB79

Jeez, try going through all the paperwork needed to employ a teacher these days, especially non-EU ones. :doh:

vwelsh13

well I have never ever had a "long" birth certificate but never had probs when getting CRB etc

Nara

God this sounds extreme!

For every job i have done or applied for an NI card was all they wanted to see (plus a P45 from the last job!) I have never ever had to show any ID like a passport or drivers lincese.

To wthhold wages is not on! they should of sorted any problems before she started work, not on payday!