New Employer Vs. Home Office

GeoffBungle

Hello all,

Quick - and hopefully simple (haha) question.

I'm shortly changing employer - my new company has asked to see my passport to prove my right to work in the UK.

I am a UK Citizen (from birth) and the passport is a full British one.

Small snag (and it's absolutely my fault) is that it has expired. I 'fessed up and told them this, and they said it would not be acceptable.

However, having checked the guidance for employers on the Home Office website re: Right to Work, it says that an expired British passport (like mine) can still be accepted as evidence of a person's right to work.

I pointed them in the direction of this document but they're insisting the passport is no good and have asked for my birth certificate (no problem) and a P60 from April (you're meant to keep them?!?! :P).

Can any employment law wizards advise? If they're totally in the wrong - which appears to be the case to me on the face of it - I'll go back to them and be stern with them.

If it's not quite as clear cut as it seems then I'll suck it up and get riffling through my document folders (groan).

Many thanks.

GB

lincroft1710

GeoffBungle wrote: »

and a P60 from April (you're meant to keep them?!?!

The P60s I have clearly state "DO NOT DESTROY"

starrystarry

I don't think it has to be a P60, it just needs to be proof of your NI number. I think when I had to provide documents a couple of years ago I used a payslip, rather than a P60.

Not sure about the expired passport question, but I'm fairly sure it doesn't have to be a P60.

Andy_L

They are asking for more proof than is required. However they are quite entitled to insist on more, they can apply pretty much any conditions they like before giving you a job

Easiest option is to get your current employer to issue you with a duplicate P60 rather than pointing out to them they're a bunch of buffoons before you've even started.

InsideInsurance

Ultimately its not an employment law wizards space. A company is required to make appropriate checks and appropriate are not fully explained so its is down to their own interpretation and what they'd be comfortable defending if you were subsequently found not to be eligible to work in the UK

theoretica

Do you plan to renew your passport anyway? Could they see the out of date one and the new one in 3 weeks?

tizerbelle

InsideInsurance wrote: »

A company is required to make appropriate checks and appropriate are not fully explained so its is down to their own interpretation and what they'd be comfortable defending if you were subsequently found not to be eligible to work in the UK

I think the guidance UKBA issue is pretty detailed - http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/preventingillegalworking/

84 pages of it in the full guide at the top of the list including pictures of acceptable documents!