Newsletter 5

Falling foul of the Right to Work act, is a major concern to employers.

Changes to the Immigration, Asylum and Nationality Act (2006), which came into effect on 29 February 2008 introduced a new criminal offence for employers who knowingly employ illegal migrant workers and a continuing responsibility for employers of migrant workers to check their ongoing entitlement to work in the UK.

Employers risk breaking the law unless they check the entitlement to work in the United Kingdom for all prospective employees. Failure to do so could result in a civil penalty of up to £10,000 per illegal worker. But did you know that to avoid discrimination employers must treat all job applicants in the same way at each stage of their recruitment process and undertake document checks on every prospective employee or face a tribunal with a complaint of racial discrimination.

There are three steps employers must go through to confirm a prospective employee has the
right to work in the UK:

1. Request right to work documents
2. validate the documents
3. copy and store.

Whilst the legislation places the responsibility on the employer, Eurocom offer either a stand alone RtW check or include it as part of a full employee screening package.

Employers have a legal duty under current race relations legislation to avoid unlawfully
discriminating on racial grounds. Where complaints of racial discrimination are upheld by a
tribunal, employers can be ordered to pay compensation for which there is no upper limit.
Assumptions must not be made about a person’s right to work or immigration status on the
basis of their colour, race, nationality, ethnic or national origins, or the length of time they have
been in the UK.

To avoid discrimination employers must treat all job applicants in the same way at each stage of their recruitment process and undertake document checks on every prospective employee.

If you would like to know more about the ways we help please call

Paul Carratu or James Brooker on 0845 880 5888

 

In this issue


Did you know

During a recent
Tupe transfer of employees
we were asked to perform
RtW checks on 135 incoming employees. To everyone's surprise  9 produced forged documents, 2 had expired Visas and 2 refused or were unable to produce any documents.