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Employer asked for NI and Birth Cert.?

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Hi,

 

I've been working for a large plc group in retail for almost 3 years next month. Today my Assistant Manager asked I bring in my Passport/NI Card and Birth Cert. I asked why as I provided these when I joined, and as nothing has changed since then I was puzzled. I said they are on my personnel file as they were copied. Any ideas if I should be alarmed??

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I believe there are new rules that have come in recently that require this to be done?


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no if I remember rightly came in late last year

right to work act or something.


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Is it just you that has been asked this or all employees?

 

If just you most likely explanation is that for some reason they forgot to keep of copy of those documents when you started work, or somehow HR department can't find them. The law requires employers to keep copies of the documents showing you have a right to work in the UK. They must keep them for the whole time you are employed (and for, I think, 2 years after you stop being employed). If they don't have a copy on file the employer could be prosecuted. So HR audit their files from time to time and if, for whatever reason, they find there is no copy on file they'll ask the employee to bring it in again.

 

It might be something else, but that's my guess. I wouldn't think it's anything to worry about - assuming you do have right to work in UK - so just do as asked. I doubt Brexit has anything to do with it.

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The employer will probably either not have correctly stored copies of your documents originally (or may not have recorded the date on which the check was made), or they are renewing records following a GDPR audit. There is no legal obligation for an employer to check and retain proof of right to work, but if they do so, then there would be a defence should it later be discovered that an employee was working without the necessary rights to work. They are probably looking to tighten up policies so that your data is retained correctly and with your consent and understanding of why these documents are held on file, and they have the necessary details on file stating that checks were made of the original documents and relevant dates when those checks were conducted


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The employer will probably either not have correctly stored copies of your documents originally (or may not have recorded the date on which the check was made), or they are renewing records following a GDPR audit. There is no legal obligation for an employer to check and retain proof of right to work, but if they do so, then there would be a defence should it later be discovered that an employee was working without the necessary rights to work. They are probably looking to tighten up policies so that your data is retained correctly and with your consent and understanding of why these documents are held on file, and they have the necessary details on file stating that checks were made of the original documents and relevant dates when those checks were conducted

 

Actually, yes there is an obligation for an employer to check the right to work and retain documents. They must check and copy the provided documents, and must keep them for two years after the employee leaves.

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I had to Bring my passport to work last year to show i had a right to work in the UK

 

I have been working for the company for 30 years

Edited by colin11
make better sense

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The government guidance to employers is here if you are interested

 

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/720858/29_06_18_Employer_s_guide_to_right_to_work_checks.pdf

 

Because employers have a statutory duty to keep a copy of your documents they do not need your consent under GDPR to copy and retain them.

 

 

I had to Bring my passport to work last year to show i had a right to work in the UK

 

I have been working for the company for 30 years

 

Same happened to me when the new law came in. Whole company had to bring in documents. It wasn't necessary for long serving employees though as according to Home Office "The law does not require employers to carry out retrospective checks on persons who lawfully commenced employment before 29 February 2008". I guess my employer was just doing it 'to be on the safe side', or maybe to make sure that people employed before 2008 were "lawfully" employed.

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Has the employer asked you to wear a belt and braces as part of your personal safety equipment?

Basically this is what it is about. Provide passport/driving licence and due to the new(ish) one stop identification gateway the govt has it should suffice.

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