Employer asking for birth cert

sofaspud1234

An employer can be fined up to £10,000.00 for not ensuring a person has a right to work in the uk. Click here

geoffky

And every one of them deserve a 10k fine.If they do.

DVardysShadow

anamenottaken wrote: »

Has it really?

Not having copies is not against the law as far as I know. Surely there would be a problem only if they were employing someone without the right to work in the UK.

Having copies is simply an attempt to have evidence of having done as much as reasonably practicable to prevent unlawful working. It could then be used in defence if they were employing someone who actually didn't have the right to work.

What is required is that they do behave reasonably in deciding whether someone is able to be employed. They could just keep a note that they have seen the evidence - noting a passport number for instance.

This is spot on. Employers are obliged to do the checks, but no one has convinced me that the law actually says that copies of Birth Certificates or Passports must be kept on file. So whether the employer is allowed to keep copies is entirely at the discretion of the holder of the ID document.

LadyMissA

http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1086854605&r.i=1073791948&r.l1=1073858787&r.l2=1073858914&r.l3=1084607697&r.l4=1073981874&r.s=sc&r.t=RESOURCES&type=RESOURCES

DVardysShadow

LadyMissA wrote: »

http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1086854605&r.i=1073791948&r.l1=1073858787&r.l2=1073858914&r.l3=1084607697&r.l4=1073981874&r.s=sc&r.t=RESOURCES&type=RESOURCES

No, that ain't the law. That is someone's idea of how to comply. On a .gov.uk website. It still ain't the law.

LadyMissA

DVardysShadow wrote: »

No, that ain't the law. That is someone's idea of how to comply. On a .gov.uk website. It still ain't the law.

then when you have an inspection how do you prove all the staff are legal? And are you saying I can refuse for the job centre, agency and employer to take a copy of my passport?

LittleVoice

LadyMissA wrote: »

then when you have an inspection how do you prove all the staff are legal? And are you saying I can refuse for the job centre, agency and employer to take a copy of my passport?

Of course you can refuse.

But employment agencies and employers may then decide not to offer you work.

Hammyman

DVardysShadow wrote: »

This is spot on. Employers are obliged to do the checks, but no one has convinced me that the law actually says that copies of Birth Certificates or Passports must be kept on file. So whether the employer is allowed to keep copies is entirely at the discretion of the holder of the ID document.

The employer is required to provide proof they have complied with employment legislation in regards to ascertaining the right to work in the UK. The only way they can do that is by producing copies of the proof given.

Border Agency can walk into any employer at any time and demand to see proof. With the penalty for not complying being up to £10,000 PER ILLEGAL WORKER, you can bet your a$$ they'll want to keep a copy. And for me it would be simple - if an applicant wouldn't let me, they'd not get the job or they'd get shown the door if they'd already started.

corbyboy

Hammyman wrote: »

The employer is required to provide proof they have complied with employment legislation in regards to ascertaining the right to work in the UK. The only way they can do that is by producing copies of the proof given.

Border Agency can walk into any employer at any time and demand to see proof. With the penalty for not complying being up to £10,000 PER ILLEGAL WORKER, you can bet your a$$ they'll want to keep a copy. And for me it would be simple - if an applicant wouldn't let me, they'd not get the job or they'd get shown the door if they'd already started.

But you can't be fined for not having proof of checking the employment rights of somebody who DOES have the right to work in the UK.

If you see proof of an employee's entitlement to work in the UK then why should you keep a copy because you KNOW that they are entitled to work in the UK.

anamenottaken

Hammyman wrote: »

The employer is required to provide proof they have complied with employment legislation in regards to ascertaining the right to work in the UK. The only way they can do that is by producing copies of the proof given.

Border Agency can walk into any employer at any time and demand to see proof. With the penalty for not complying being up to £10,000 PER ILLEGAL WORKER, you can bet your a$$ they'll want to keep a copy. And for me it would be simple - if an applicant wouldn't let me, they'd not get the job or they'd get shown the door if they'd already started.

No illegal worker, no fine.

Or can you show that UKBA can fine an employer for not having a photocopy of a legal worker's documents?