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From 1 May 2004 amended regulation came into force amending the procedures which organisations have to follow in order to assure themselves that new employees are eligible to work in the UK and thus avoid prosecution under the 1996 Act if an employee is subsequently discovered to be working illegally. 

 

The Government introduced changes to the types of documents, which an employer needs to check to avoid employing illegal workers:

 

Step 1:

Ask all potential employees to provide:
one of the original documents included in List 1
OR
two of the original documents in the combinations given in List 2
 

Step 2:

Satisfy yourself that the potential employee is the rightful holder of any of the documents they present to you:
 

Step 3:

Make a photocopy of the following parts of all documents shown to you:
          photograph and the page with the person's signature
 
 
On 1 May 2004, a number of new countries joined the European Union, allowing their citizens to work legally in the UK.  The Government wishes to monitor the impact on the labour market of workers from eight of these new countries (Latvia, Slovakia, Czech Republic, Lithuania, Slovenia, Estonia, Hungary and Poland but not Cyprus and Malta) and therefore requires these workers to register with the Home Office.  From 1 May 2004, an employer had to check whether a potential employee is actually a national from one of these eight countries, and advice them that they are required to register immediately with the Home Office.  Once registered, the employee and the employer will receive a registration certificate.  It will be illegal to employ a citizen of one of these countries for longer than one month without a Certificate.


 

List 1

 

 

List 2

 

Combination 1:

 
 
AND
 
 

Combination 2:

 
 
AND
 
 
From 1 May 2004 we no longer had to check for the following documents:
 
The following documents have never been accepted and should not form of our checks:

 

 

Latest amendments

 

From 29th February 2008, the government introduced the new statutory regime for preventing illegal working. The most publicised change is the introduction of new document checks to establish a statutory 'excuse' to avoid civil penalties.

 

This document should be read in conjunction with the Guidance notes for managers as it outlines which documents you should check from List A or List B.

 

Please note that people employed before 29th February 2008, are still required to have their documents checked using the OLD LISTS which can be found above. The new lists are as follows:

 

List A

 

Employee must provide the following documents

 

 

Combinations

 

You can accept the following combinations of documents under List A

 

 

Along with checking and copying the above documents with the permanent National Insurance number you must check one of the following:

 

 

 

List B

 

These documents show a right to work for up to 12 Months, some of which must be shown in combination where this is required this is indicated and you MUST see both documents

 

 

 

The following documents have never been accepted and should not form of our checks:

More information about this document can be found at the following link

http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/preventingillegalworking/