Proving ID - how much personal info can new employer ask for?

[elche]

There are new home office reg's but (from memory) the British passport alone satisfies those.

[elche]

Companies like your employers are little Hitlers who have no common sense whatsoever.

 

The fault does not lie with the company at all. They are not 'little Hitlers', and in fact have lots of common sense.

 

Since 29th Feb 2008 an employer that employes an employee over 16 who is subject to immigration control and not entitled to undertake the work for which they are employed can be fined £10,000 per illegal worker. The company are, by asking to see your passport, merely attempting to comply with the law and protect themsleves from potential civil penalties - perfectly legal behaviour.

 

There are plenty of other ways a company can check who you say you are but instead they take this blanket approach where everybody is considered an illegal unless you prove otherwise.

 

The blanket approach you refer to is perfectly legal and what I would advise any employer to do. It is an attempt to ensure the employer is protected from a discrimination claim that could result if they only asked certain aplicants for a passport. 'The best way for employers to make sure that they do not discriminate is to treat all job applicants in the same way at each stage of their recruitment process.'

 

The Home Office specify which documents will provide the employer with the excuse and whilst the list is numerous, by far the easiest document to ask for is a passport. If you were to refuse to provide any evidence of your right to work in the UK, then an employer could, perfectly legally, withdraw a job offer.

 

I agree the law can seem a bit mad sometimes but this is Parliament's fault NOT your prospective empoyer's.

 

For further details see : http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/preventingillegalworking/currentguidanceandcodes/summaryguidance0208.pdf?view=Binary

Edited September 11, 2008 by elche
typo!

[elche]

Sorry WAY but you are wrong on this one IMO.

 

Also, the very simple point is that if they do not produce a passport at the potential employers behest, then the employer can refuse to give a job. Unfair, or not unfair, that is quite simply the case no matter which way you look at it.

 

Fully agree with elche.

 

Cheers MrShed nice to see someone agrees with my factual and legally sound advice.

 

WAY I know what I'm talking about with employment law mate and your post has so many inaccuracies I wouldn't even know where to begin!

 

Why don't you go away, read the Immigration, Asylum and Nationality Act 2006, and a good book on employment law and then perhaps you might be able to offer some decent advice and criticise any of mine which is inacurate.

 

Sorry to sound harsh but your so far off the mark on this one mate

[elche]

Point me to the relevant section that legislates that a UK citizen has to produce any form of ID to work in the UK, ok?

 

Point me to anywhere above that I have said that, 'a uk citizen has to produce any form of ID to work'.

 

The legislation means an employer could be fined £10,000 per worker if that worker did not have a right to work in the UK.

 

Furthermore if one considers race discrim legislation in tandem with this then a prudent policy would be to ask all prospective employees for proof of eligibility to work in the UK.

 

It is merely a request from the employer and you could refuse. The employer could then (assuming you didn't show any other proof of eligibility to work) refuse to employ you and / or dismiss you if you were already employed. This could be defended in ET as either stat ban and / or an SOSR dismissal

 

Of course there is no specific section in the act that states 'all UK citizens must show ID to work' but the practical effect of the act when read in tandem with other legislation is that safest and best practice would be to ask all applicants regardless of whether they 'look and sound English' to produce ID.

 

I stand by everything in my earlier post.

[elche]

No surprise there then. You are the type to argue night is day

 

No I wouldn't argue that because that would be wrong.

 

What I would argue is that everything I have said above is correct and in that I would be right.

 

This is why I think a little knowledge can be dangerous as you seem to be ignoring the practical effect of s.15 of the Immigration, Asylum and Nationality Act 2006 when read in tandem with the RRA 1976.

 

I can recommend some good employment law books if you want to learn how to give legally correct employment law advice?

[elche]

Pot.....kettle.....a very very very dark shade of dark blue?

 

LOL ..... a fair point me thinks WAY?

[elche]

WAY

 

You seem to be ignoring the practical effect of s.15 of the Immigration, Asylum and Nationality Act 2006 when read in tandem with the RRA 1976

 

I'm sure your getting round to explaining this point WAY?

[elche]

 

I suggest members just read back through it to see for themselves.

 

And I showed you up on a previous thread.

 

WAY 2-0 elche 'Walter Mitty'

 

Not sure if you actually read what I write WAY or just what you think I write.

 

Your right let members read what I have said on this thread and I think those that know anything about employment law will know what the real score is!

 

Oh and BTW you STILL seem to be ignoring the practical effect of s.15 of the Immigration, Asylum and Nationality Act 2006 when read in tandem with the RRA 1976, and I'm waiting for you to explain why the largest employment law consultancy in the UK give exactly the same advice on this specific point as I do, and why we are all wrong but WAY is right.

 

I'm sure your getting round to explaining this point WAY?

 

No walter mitty's here mate ...... oh yeah there is one.... and he ain't from Argentina

[elche]

Well, I'm going to leave you to start arguments in an empty room - sorry....

 

Yep same goes for me

 

Can't believe I've wasted an hour of my life on this.

 

You clearly have no clue about Employment Law WAY . Hope you don't work in HR!