The Baroness, the Housekeeper and the Law!Are your employees legal?All businesses must ensure their employees have the right to work legally in the UK.· If, like Baroness Scotland, you too get this wrong, you could be fined up to £10,000.· If the courts believe this “mistake” was deliberate, you could even face up to 2 years in jail! Check please!You should confirm the right to work in the UK for all potential employees before they start work with you and all job offers should be made conditional on providing proof of this entitlement. If you only focus on, for example, ethnic minorities, you risk exposing your business to very expensive discrimination claims. Documents have to be provided in the correct combinations from List A or List B: www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/preventingillegalworking List A documents only need to be checked once, before employment commences. However List B documents must be re-checked each year or until the employee can provide documents from List A or they leave employment. Do the paperworkEmployers must always check original documents, confirming that photographs resemble the prospective employee; that dates of birth and names are consistent; expiry dates are still valid; and that the stamps/endorsements allow them to do the type of work offered. The documents must be photocopied and kept for the full duration of employment and for an additional two years afterwards. It was this step that caught Baroness Scotland out, so take the paperwork seriously and then feel a sense of smug superiority!! This article is only a general guide; it is not necessarily comprehensive and does not purport to give professional or legal advice. Specialist advice should be sought about your specific circumstances. Contact Karen |
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