Jump to content


employer wants passport on record


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4138 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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

Link to post
Share on other sites

Hi There

 

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.

Link to post
Share on other sites

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."

 

New penalties for employing illegal workers

 

I use this link as it is the most up to date I could find.

Edited by Conniff
Link to post
Share on other sites

What about people employed by them that like myself don't have a passport

 

dpick

cannot find it A to Z

 

http://www.consumeractiongroup.co.uk/forum/consumer-forums-website-questions/53182-cant-find-what-youre.html

 

 

Halifax :D

Paid in full £2295

 

MBNA:mad: 20/03/2008 settled in full out of court

 

Capital One:D

07/07/2007 Capital one charges paid in full £1666

19/01/2008 recovered PPI £2216 + costs

 

Littlewoods :-D

12/08/2007 write off £1176.10 debt.

 

JD Williams charges refunded in full £640

Link to post
Share on other sites

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.

Link to post
Share on other sites

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.

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

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.

Link to post
Share on other sites

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. :cool:

Link to post
Share on other sites

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. :cool:

 

 

you know what they say about opinions and ***** dont you bookworm?

Edited by Bookworm
Easy on the swearing, please.
Link to post
Share on other sites

Yep. Some people are unable to grab them with both hands. :razz:

 

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. ;-)

Link to post
Share on other sites

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:p) 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

 

2) No passport may be copied in colour

  • Haha 1
Link to post
Share on other sites

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 to prove 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.

  • Haha 1
Link to post
Share on other sites

Your HR department is being over zealous.

 

The documentation required under the legislation to be produced is for those 'who need to prove 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:confused:

 

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.

Link to post
Share on other sites

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. :cool:

 

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??????

Link to post
Share on other sites

Let's get a grip on the paranoia, please. :cool:

 

What was that you were saying Bookie?

Help us to keep on helping

Please consider making a donation, however small, if you have benefited from advice on the forums

 

 

This site is run solely on donations

 

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.

Link to post
Share on other sites

What was that you were saying Bookie?

 

I would suggest that paronoia is a good description for the actual subject described in the initial thread.

 

Would some HR bod please provide one good reason why on earth everybody from the OP's employment has to give them a photocopy of their passport?:confused:

 

And what are your instructions from your superiors for non-compliance?

Link to post
Share on other sites

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 to prove 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?
Link to post
Share on other sites

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.

 

 

...

Link to post
Share on other sites

Yep. Some people are unable to grab them with both hands. :razz:

 

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. ;-)

 

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.

Link to post
Share on other sites

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

Link to post
Share on other sites

I did considerably more than that, including giving you an answer, but since you're intent on disregarding anything and anyone who doesn't give you the answer you want to hear, I am indeed wasting my time. :rolleyes:

 

WAY, rant on. I think any company is totally within their rights to protect themselves against accusations of purposely employing illegals, and I do not see it as unreasonable to ascertain that. As an EU citizen myself, I have been asked by many employers in the past whether I was entitled to work in the UK and whether there were any restrictions on my terms of employment, and I would never have dreamt of seeing the query as anything but reasonable.

 

Whatever. You guys carry on, I really can't be asked arguing with you for the hell of it, life's too short. Have fun. :-)

Link to post
Share on other sites

I did considerably more than that, including giving you an answer, but since you're intent on disregarding anything and anyone who doesn't give you the answer you want to hear, I am indeed wasting my time. :rolleyes:

 

WAY, rant on. I think any company is totally within their rights to protect themselves against accusations of purposely employing illegals, and I do not see it as unreasonable to ascertain that. As an EU citizen myself, I have been asked by many employers in the past whether I was entitled to work in the UK and whether there were any restrictions on my terms of employment, and I would never have dreamt of seeing the query as anything but reasonable.

 

Whatever. You guys carry on, I really can't be asked arguing with you for the hell of it, life's too short. Have fun. :-)

 

Oh c'mon Bookworm! That is totally unnecessary.

 

This is the OP's question from the initial post-

 

can they actually demand to keep a copy of my passport on file

 

The answer is no they cannot demand this. They cannot even demand to look at it. That is fact. Any diciplinary action for refusing this request would be unlawful.

 

You, and some others, are the ones arguing against this fact which is why some of us continue to post.

 

That is not a rant and the OP is entitled to hear what they want to hear when they recognise truth rather than an opinion.

 

Please be gracious.

Link to post
Share on other sites

I am niether for or against this system of assertaining an employees right to work in this country. The OP has raised a relevant point which in my view is a consequence of his HR dept going over the top with a CYA attitude towards the new regulations.

 

A passport is in fact NOT PROOF of someones right to work in this country, if you are a British Citizen you will be allocated a National Insurance number on the anniversary of your 16th Birthday. If you are an EU member state citizen, you have a procedure to follow that ensures that you get a National Insurance Number, and also the employee is issued with a Worker Registration Certificate unique to that employer (in other words it is only valid while you are employed with that employer),thus trying to ensure that 99% of the workers in this country are legal.

 

Where the legislation comes in is a matter of procedure that HMRC are looking into when they look at an employer in a compliance visit. I have had the task just recently of proving records for a particular employer to the HMRC by letter and a compliance officer visit. All went ok as the records are top notch, but I was asked for proof of right to work for 2 employees who did not have NINO's and having preempted the answer was able to prove that the employees were in the process of having interviews with the DWP to gain a NINO.

 

Now, if I had not been able to proove this, it would leave the employer open to charges from HMRC of employing illegal workers and all the relevant penalties involved.

 

So crh, I think you should be able to stand your ground and not have to produce your passport if you do not wish to, but if you were a Coach Driver you would have no problem producing your driving license for your employer would you??? and that has as much info almost as your passport, if you see where I am coming from.

 

BB

Please note: I am not a lawyer and as such any advice I give is purely from a laymans point of view;-)

Link to post
Share on other sites

Hi crh

 

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?

 

And, of course, are you British?

 

I'm been with them about 18months now. I was originally employed through a specialist recruitment agency specific to my field and had to also provide 3 reference's.

 

the agency did ask me if i had the right to work in the uk which i have no problem in answering.

 

My main problem is i dont see why the company should have a copy of my passport on record which i think is over the top considering i have a NI number. I gave them a p45 from a previous job when i joined and i have to work in certain places which you can only get into if your a UK citizen.

Link to post
Share on other sites

Ok, so they have your NI number, they will have your personal information such as your full name, age, address etc, probably your bank details, 3 references, originally employed through a specialist employment agency detailing specific skills no doubt (and probably where and how attained), even more info from that employment agency, 18 months service, a P45 and you have futher confirmed your right to work in the UK.

 

And probably dozens of other bits of info.

 

Now, they want a copy of your passport to determine you can work in the UK after all!

 

You couldn't make it up!:confused:

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...