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HR sent a email out to everyone at work today saying everyone has to give them a photocopy of there passports to prove everyone in the company has a right to work in the uk
To be honest i'm not happy with doing this as one i really dont want them having a photocopy of my passport something which if a fraudster got hold of would be easy to clone my id
can they actually demand to keep a copy of my passport on file
My employer recently did this with all UK based staff. Apparently it is to comply with some law about employing illegal immigrants. Whether they have the right to keep a copy of your passport on file I don't know but our copies were verified in the office and the copies were sent to an outside company for independent checking before (supposedly) being destroyed.
Yes this is to comply with a new ruling that all companies must prove that they are not employing any illegal immigrants.
I don't believe they have a right to copy your passport and that they can demand the passport, I believe there are a number of alternatives that can be given to them.
After all, who says you have a passport, not everyone does.
"The Immigration, Asylum and Nationality Act 2006 ("the 2006 Act") came into force on 29 February 2008, introducing new criminal and civil penalties to prevent illegal working that will affect recruitment and employment practices throughout the UK. The new responsibilities under the 2006 Act apply to staff whose employment began on or after 29 February 2008. Read this article to ensure that you do not fall foul of these regulations."
I use this link as it is the most up to date I could find.
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One of my former colleagues had trouble with both passport and birth certificate as she was born in a boat in the middle of the ocean during the early 70s when her parents fled from Vietnam... caused her a lot of problems when she needed to show official id.
All the places I've worked at in the last few years have needed an 'ID check' and wanted not only passport but also any certificates of education (even though having a degree wasn't a requirement of the job). I find it rather annoying that they can ask this of you and a simple request during application stage for info ie "Can I see your company's report and record on employee rights?" gets refused.
When I employ someone ID is always asked for in the form of:
a. your Passport or National Identity Card and in the case of European Economic Area Nationals a residence permit issued by the Home Office which confirms the right to reside and work here will also be sufficient.
Or a combination of the following:
b. a P45, P60 or National Insurance Card bearing your National Insurance Number (not a temporary “T.N.” No).
c. and your full birth certificate.
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My advice is based on my opinion and experience only. It is not to be taken as legal advice - if you are unsure you should seek professional help.
To be honest i'm not happy with doing this as one i really dont want them having a photocopy of my passport something which if a fraudster got hold of would be easy to clone my id
No offence, but that's the lousiest excuse ever! Are you trying to tell us that the reason you don't want to have a photocopy of your passport on record is because you are afraid that someone, somehow, will go into your work's filing storage, steal a photocopy of your passport (unnoticed by anyone working in HR) and use it to clone your identity? You are having a laugh, aren't you? Do you have reasons to suspect that you are surrounded by well-connected ID fraudsters and/or burglars in your work environment? Or that the HR department has people who may be susceptible to bribery?
id theft is the new media bandwagon. It's juicy, it's nasty and it helps breeding all that distrust towards "them", whoever "they" may be.
Let's get a grip on the paranoia, please.
Apologies to people who I was in the process of helping, I may be gone some time.
No offence, but that's the lousiest excuse ever! Are you trying to tell us that the reason you don't want to have a photocopy of your passport on record is because you are afraid that someone, somehow, will go into your work's filing storage, steal a photocopy of your passport (unnoticed by anyone working in HR) and use it to clone your identity? You are having a laugh, aren't you? Do you have reasons to suspect that you are surrounded by well-connected ID fraudsters and/or burglars in your work environment? Or that the HR department has people who may be susceptible to bribery?
id theft is the new media bandwagon. It's juicy, it's nasty and it helps breeding all that distrust towards "them", whoever "they" may be.
Let's get a grip on the paranoia, please.
you know what they say about opinions and ***** dont you bookworm?
Yep. Some people are unable to grab them with both hands.
Ok, the answer is the same as everybody else's, but I'll elaborate in case the concept is too difficult to comprehend:
It doesn't have to be a passport as such, it has to be proof that you are entitled to live and work in the UK. There is nothing in the Immigration Act that makes it specific that it has to be your passport, but if you are UK bred and born, your passport is the simplest way to prove this, but as Ell-en has shown you, there are other documents that have the same effect. If your problem is with id theft however, that won't make a blind bit of difference, as a copy of your birth certificate is just as good for your hypothetical ID thief.
Good luck with your HR department when you tell them why you don't want to comply, by the way. ;-)
Apologies to people who I was in the process of helping, I may be gone some time.
1) no company can insist on a copy of your passport as there is no legal obligation to hold one. (unless, of course, the company are willing to pay for it) Even if you hold a passport, your consent is required in order for a copy to be held. Govt. recommendations are that this consent is written
This is an old chestnut that's been discussed before.
Your HR department is being over zealous.
The documentation required under the legislation to be produced is for those 'who need toprove they are eligible to work in the UK.'
Hence, a UK citizen is not required to do so as, obviously, they are eligible to work in the UK by virtue of being a UK citizen.
Rather than HR representatives using their judgment to make a decision, businesses prefer to use this lazy blanket approach with their staff recruitment which makes one wonder what skills are needed these days for such a position.
It's almost a case of positive discrimination just to eradicate a potential claim of racial prejudice that wouldn't even exist if people were allowed to get on with their job.
Btw, I believe a passport can only be surrendered on demand to custom control and the police.
So to answer Bookworm's dilemma of an explanation for refusal to provide a passport copy to HR-Good luck to that business who decides to discipline should this arise.
The documentation required under the legislation to be produced is for those 'who need toprove they are eligible to work in the UK.'
Hence, a UK citizen is not required to do so as, obviously, they are eligible to work in the UK by virtue of being a UK citizen.
Rather than HR representatives using their judgment to make a decision, businesses prefer to use this lazy blanket approach with their staff recruitment which makes one wonder what skills are needed these days for such a position.
Btw, I believe a passport can only be surrendered on demand to custom control and the police.
So to answer Bookworm's dilemma of an explanation for refusal to provide a passport copy to HR-Good luck to that business who decides to discipline should this arise.
For once - Heaven forfend - we agree.
Must be a good day to buy a lottery ticket
Passport is available on demand to a police officer, customs officer, immigration officer, official of IPS (passport agency as was).
It remains, at all times, the property of the Crown.
No offence, but that's the lousiest excuse ever! Are you trying to tell us that the reason you don't want to have a photocopy of your passport on record is because you are afraid that someone, somehow, will go into your work's filing storage, steal a photocopy of your passport (unnoticed by anyone working in HR) and use it to clone your identity? You are having a laugh, aren't you? Do you have reasons to suspect that you are surrounded by well-connected ID fraudsters and/or burglars in your work environment? Or that the HR department has people who may be susceptible to bribery?
id theft is the new media bandwagon. It's juicy, it's nasty and it helps breeding all that distrust towards "them", whoever "they" may be.
Let's get a grip on the paranoia, please.
Considering an employer has no legal right to demand that one even produces a passport for viewing, let alone have it copied, then a simple refusal should suffice and an explanation needn't be provided in any case.
Also, is it possible some employer's premises are not totally infallable to burglary?
Can you be sure you do not work with a sophisticated fraudster and/or a well connected burglar? And if they have never been caught then how can you say no?
Do not employees of businesses commit crime? Including HR dept workers? ...Office cleaners???...Office cleaners who are temp workers????
Office workers who are temp workers where the employment agency only know their past few weeks life history??????
I'm not a HR bod, but I'm going to hazard a guess: If the company gets raided by Immigration and they bust some illegals, the company can then prove that they didn't knowingly collude in employing illegals and therefore not get heavily fined?
And while we're on the subject:
The documentation required under the legislation to be produced is for those 'who need toprove they are eligible to work in the UK.'
Hence, a UK citizen is not required to do so as, obviously, they are eligible to work in the UK by virtue of being a UK citizen.
And how are they going to prove that they are UK citizens? Should HR take their word for it?
Apologies to people who I was in the process of helping, I may be gone some time.
I'm not a HR bod, but I'm going to hazard a guess: If the company gets raided by Immigration and they bust some illegals, the company can then prove that they didn't knowingly collude in employing illegals and therefore not get heavily fined?
Ahh, so the real purpose is to claim indemnity for the company yet the legislation is meant to prevent illegals working in the UK.
This is the very point I wish to highlight. It is a law being quite recklessly misinterpreted and abused just for the benefit of an employer.
However much you may groan this is a complete disregard of UK workers.
There are plenty of ways to root out an illegal, as described below.
And while we're on the subject:
And how are they going to prove that they are UK citizens? Should HR take their word for it?
Do what they did, say, 10 years ago by any chance?
Basic things like reading an application form, verifying parts of it to cross check, require references, conduct a job interview with questions, use logic and judgment etc etc
If a HR indivdual is unable to do that then they are clearly incompetent OR...they are operating under the guidance of a ridiculous employer who cares nothing for their staff.
Yep. Some people are unable to grab them with both hands.
Ok, the answer is the same as everybody else's, but I'll elaborate in case the concept is too difficult to comprehend:
It doesn't have to be a passport as such, it has to be proof that you are entitled to live and work in the UK. There is nothing in the Immigration Act that makes it specific that it has to be your passport, but if you are UKbred and born, your passport is the simplest way to prove this, but as Ell-en has shown you, there are other documents that have the same effect. If your problem is with id theft however, that won't make a blind bit of difference, as a copy of your birth certificate is just as good for your hypothetical ID thief.
Good luck with your HR department when you tell them why you don't want to comply, by the way. ;-)
There is nothing in The Immigration Act for a UK citizen to produce anything!!!
It is now a requirement just because some employers say it is! And very few employers have no right to even view a passport let alone photocopy it.
i'm not being paranoid. I'm just carefull who i give my details too
And no bookworm i dont trust the HR people but then why should i? I really dont see why your posting on here seeming as you dont really have anything construtive to put apart from this thread giving you a platform to share your views about id theft
May I ask, how long have you been with your employers and were you interviewed, write an application form, provide references etc etc when you initially started with them?