Facing dismissal over proof of nationality.

MrMuttley

Hi. Hoping someone can offer some insight here.

My employer is asking me to provide proof of my right to work in the UK. I have a birth certificate but it was issued in Ontario Canada. I'm am a UK citizen through family. Both my parents are UK born and I have lived in the UK for 37 years.

They are asking me to obtain a UK passport (which I am entitled to hold) and present it to prove that I am eligible to work here in the UK. So far not entirely unreasonable.

My problem is that I have already done this twice over the past 10 years of working for them and don't see why I should fork out money to get a passport when I have no intention of travelling abroad in the foreseeable future. I did give them a copy of my passport around 5 years ago and yet they still insist on me presenting it again. Unfortunately I don't have my expired passport having lost it at some point in the last 5 years. I have offered to get a new passport at their expense and this has been refused saying the onus is on me to prove I'm eligible to work in the UK. If I don't they are stating the will dismiss me.

Anyone with any sage advice will have my sincere gratitude.

System

It's up to you to provide the proof. You are lucky if they only ask every 5 years, my company does this every 3 years and, like your company, will want to see the original of any proof each time.

The PDF below tells you what can be used for this validation.

Eligibility to Work in the UK

Debt_Free_Chick

I think the easiest option will be just to get the passport. Whilst I can see that you don't think you will need to travel, we have no other type of ID card that proves you are a UK "national" (or equivalent of).

Employers are required to carry out these checks and some advisers recommend they check every 12 months (!) so this issue is going to crop up again and again. And also with any other employer, if you leave.

It's just easiest to get a passport and really not worth battling away on this, which - in the overall scheme of things - is really quite a trivial matter. Certainly not worth losing your job over!

getmore4less

What documents do you have to provide to get the passport?

There are other documents that can be used with NI identifcation.
perhaps get one of those if you don't have one allready.

Did you ever need to obtain a nationality certificate the reissue fee seesm to be £88

bargainbetty

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

Please review this page. Employers are only required to repeat the checks if people provide documents from list B (time-limited visas, spousal visas etc). If you have a full UK passport, they aren't legally required to do it. If this is just an in-house policy, then they should at least meet you halfway on it.

maninthestreet

I've work for my empoyer for 20 years, and have never been asked to prove my right to work in the UK by my employer, other than on my first day at work 20 years ago.

getmore4less

bargainbetty wrote: »

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

Please review this page. Employers are only required to repeat the checks if people provide documents from list B (time-limited visas, spousal visas etc). If you have a full UK passport, they aren't legally required to do it. If this is just an in-house policy, then they should at least meet you halfway on it.

if the statutory right is to show once would make a possible ET claim for unlawfull dismisal.

System

bargainbetty wrote: »

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

Please review this page. Employers are only required to repeat the checks if people provide documents from list B (time-limited visas, spousal visas etc). If you have a full UK passport, they aren't legally required to do it. If this is just an in-house policy, then they should at least meet you halfway on it.

It doesn't actually say that. It just says that list B proof must be checked 'AT LEAST' every 12 months. It just means that the List A checks don't need to be done with a frequency of less than 12 months.

Horseunderwater

Funny you should say this - my OH has just had exactly the same happen at his works. Been there since 2005 - is a UK national, but his passport expired. The reason they sent this letter to all their employees was one is USA born and had a long term works visa, he went to visit his mom and then could not get back into the UK. The border patrols personel said it was not valid and had run out. It hadn't, their records were not up to date! So of course he was held in detention until it got sorted, so was late returning from leave etc.
Why on earth they would think my OH is not born in the UK or anyone else who works there is a complete mystery to both of us. He has only ever been out of the UK less than 10 times in all his life, most of them while married to me. We just do not do travel now. Lack of money and my health combination. Hence he does not I think have a valid passport. I think a driving license with photo was mentioned and birth cert as other possible proofs. Cheaper option is if I can find his birth cert, which I am not sure where it is at moment. So I am looking at driving license.

john539

MrMuttley wrote: »

If I don't they are stating the will dismiss me.

So you've worked for them for 10 years or more & they will dismiss you on what basis ?

They are not going to employ you, they already employ you.

.

scooby088

I was born in this country and don't have an up to date passport and got no intention of having one in the near future, but i use my full birth certificate and my NI card.