Sending copies of Passport/ID documents to Recruitment Agencies

brightonman123

i think they will need to see the original document, and take a copy themselves (to prevent fakery).

elgeebar

Having been placed in a new role by an agency, I got a call from one of their admin staff today requesting this information. I actively refused it to protect my identity from unnecessary risk of theft. I'm an IT security consultant so I know how the risks stack up!

They confirmed that I would supply it to my new employer (Yes I will) and also that they will request a copy from them (I will specifically instruct my new employer refuse this request).

As a result I have an email from the agency that confirms my active refusal (to which I'm going to reply in the affirmative). This means they have complied with the draconian immigration legislation that requires them to try and collect this information.

What I'm trying to confirm at the moment (by checking the legislation) is do they actually need to keep a copy of the ID or do they merely need to see the documents and this requirement to keep a copy is a way for them to legally protect themselves by proving they have see it should anyone ever ask (very unlikely given how over stretched UK immigration services are).

Ebany

According to this booklet from the Home Office (this is newly issued following some changes to the legislation last month)

Page_8 wrote:

This section explains the checks you should carry out in order to establish an excuse against liability to pay a civil penalty for employing an illegal migrant worker.
You will only have the excuse if you check and copy the documents before the person starts working for you.

Pages_9-10 wrote:

Step 1
Your prospective employee (or existing employee, if you are carrying out repeat checks) must provide to you:
EITHER
one of the single documents, or two of the documents in the specified combinations given,
from List A;
OR
one of the single documents, or two of the documents in the specified combinations given,
from List B.
You should only accept original documents.
Details of the documents included in List A and List B are at pages 21-39.
Step 2
You must take all reasonable steps to check that the document is valid and satisfy yourself that your prospective employee or current employee is the person named in the document, and check that the documents allow them to do the work in question.
For each document presented, you should: check any photographs are consistent with the appearance of the employee (this means you must see them in person);
and
check any dates of birth listed are consistent across documents and that you are satisfied that these correspond with the appearance of the employee;
and
check that the expiry dates of any limited leave to enter or remain in the UK have not passed;
.and
check any UK Government endorsements (stamps, visas, etc.) to see if your prospective or current employee is able to do the type of work you are offering;
and
satisfy yourself that the documents are valid and genuine, have not been tampered with and belong to the holder;
and
if your employee gives you two documents which have different names, ask them for a further document to explain the reason for this. The further document could be a marriage certificate, a divorce decree, a deed poll or statutory declaration.
Step 3
You must make a copy of the relevant page or pages of the document, in a format which cannot be subsequently altered, for example, a photocopy or scan. In the case of a passport or other travel document, the following parts must be photocopied or scanned: the document’s front cover and any page containing the holder’s personal details. In particular, you should copy any page that provides details of nationality, his or her photograph, date of birth, signature, date of expiry or biometric details;
and
any page containing UK Government endorsements indicating that the holder has an entitlement to be in the UK and is entitled to undertake the work in question. Other documents should be copied in their entirety. You should then keep a record of every document you have copied. The copies of the documents should be kept securely for the duration of the person’s employment and for a further two years after they stop working for you. By doing this, the Border and Immigration Agency will be able to check whether you have complied with the law or are liable to pay a civil penalty if they detect anyone working illegally for you.

And then, for elgeebar,

page_10,_a_bit_further_down wrote:

What should I do if an employee refuses to produce documents to establish their ongoing entitlement to work in the UK?
Each case will be dependent upon the terms of the employment contract. In the absence of a specific condition in the employment contract stating that the employee is obliged to provide valid specified documents to you establishing that he or she is permitted to do the work you are offering, it may be possible for an employer to form grounds for dismissal.
You may also wish to seek legal advice and report the individual to the Border and Immigration Agency.

The one thing that may be relevant, elgeebar, is who is actually employing you - if an agency is placing you into a permanent position then it is fine for the company you are working for to do the checks, but if you are just temping there through the agency then they could get in trouble. Your email refusing to supply such details does nothing at all towards creating a statutory defence.
As for 'should they ever ask' I've known them to go into offices and check files, so it does happen.

john539

elgeebar wrote: »

Having been placed in a new role by an agency, I got a call from one of their admin staff today requesting this information. I actively refused it to protect my identity from unnecessary risk of theft. I'm an IT security consultant so I know how the risks stack up!

They confirmed that I would supply it to my new employer (Yes I will) and also that they will request a copy from them (I will specifically instruct my new employer refuse this request).

As a result I have an email from the agency that confirms my active refusal (to which I'm going to reply in the affirmative). This means they have complied with the draconian immigration legislation that requires them to try and collect this information.

What I'm trying to confirm at the moment (by checking the legislation) is do they actually need to keep a copy of the ID or do they merely need to see the documents and this requirement to keep a copy is a way for them to legally protect themselves by proving they have see it should anyone ever ask (very unlikely given how over stretched UK immigration services are).

These organisations couldn't care less & are covering a@rses, that's all.

john539

Ebany wrote: »

According to this booklet from the Home Office (this is newly issued following some changes to the legislation last month)

And then, for elgeebar,

The one thing that may be relevant, elgeebar, is who is actually employing you - if an agency is placing you into a permanent position then it is fine for the company you are working for to do the checks, but if you are just temping there through the agency then they could get in trouble. Your email refusing to supply such details does nothing at all towards creating a statutory defence.
As for 'should they ever ask' I've known them to go into offices and check files, so it does happen.

All of this is open to legal challenge.

Confirming identity does NOT mean taking copies of primary ID documents.

The fact that some organisation thinks it needs to cover its a@rse as a "statutory defence" is irrelevant, totally ridiculous & outrageous.

The Home Office advice is their own interpretation to cover themselves.

It's our identity, NOT theirs to be taken at their will.

LittleVoice

The agency would be well advised not to place someone who would not provide the evidence to prove they have the right to work.

dmg24

john539 wrote: »

All of this is open to legal challenge.

Confirming identity does NOT mean taking copies of primary ID documents.

The fact that some organisation thinks it needs to cover its a@rse as a "statutory defence" is irrelevant, totally ridiculous & outrageous.

The Home Office advice is their own interpretation to cover themselves.

It's our identity, NOT theirs to be taken at their will.

I suppose the agency's attitude would be that it is their job to give/ refer you to, not your to be taken if you can't be bothered to fulfil a simple requirement.

Ebany

Well, I certainly wouldn't place someone who refused to prove their right to work - I don't think my employers would be too thrilled at being opened up to a fine of between £2,500-£10,000, and suspect it may jeopardise my future employment with them to some extent. You can argue 'But I'm British!' all you like, but I don't know you from Adam and you could have come from anywhere.

To add an additional layer into the problems, if somewhere only asked for ID from people they thought weren't British they could be opening themselves up for all sorts of discrimination issues, so it is generally safest practice to ask the same of everyone.

You can crusade against it if you like, but you'll probably wind up having trouble getting employed.

john539

dmg24 wrote: »

I suppose the agency's attitude would be that it is their job to give/ refer you to, not your to be taken if you can't be bothered to fulfil a simple requirement.

Ebany wrote: »

Well, I certainly wouldn't place someone who refused to prove their right to work - I don't think my employers would be too thrilled at being opened up to a fine of between £2,500-£10,000, and suspect it may jeopardise my future employment with them to some extent. You can argue 'But I'm British!' all you like, but I don't know you from Adam and you could have come from anywhere.

To add an additional layer into the problems, if somewhere only asked for ID from people they thought weren't British they could be opening themselves up for all sorts of discrimination issues, so it is generally safest practice to ask the same of everyone.

You can crusade against it if you like, but you'll probably wind up having trouble getting employed.

Brainwashed into being members of a compliant population, to police failed immigration policies.

They say Jump, you say How High !

liney

The goverment ask these check to be taken to prevent illegal working. People complain about illegal workers, and then there are others that complain because companies are trying to prevent illegal workers! The employer gets it in the neck from all angles.

The agency i work for sees proof of elegibility to work in the UK before an applicant is allowed to registar. This means sometimes we have to turn away British people because they don't have passports/full length birth certificates and the other items apply to overseas persons. It would make my life easier to just give John Smith a job without the documents, but that would subject my company to a huge fine, and me to disciplinary action. Would i risk that for John539? Not bloody likely.

Anyone can get a copy of your birth certificate if they send £7 to births, death and marriages. Why not provide that along with proof of NI (the P45 you will have to hand in anyway) and understand that this is for the benefit of everyone involved.