The Mark Harper Scandal
The recent scandal involving Immigration Minister, Mark Harper, who unknowingly employed an illegal migrant as his cleaner and fell foul of his own legislation, has highlighted a need for employers to be careful about whom they employ.
As an employer, you're at risk of facing large fines if your workers don't meet the right-to-work requirements set by the Home Office.
We've put together a checklist to help you comply with the right-to-work requirements and avoid punishment.
Right-to-Work Document Checklist
By carrying out document checks you can provide yourself with a statutory excuse if an employee turns out to be an illegal migrant worker and avoid a potentially large fine. But, when conducting these checks, there are a few things to keep in mind:
- You must obtain one of the single documents or specified combinations of documents set by the Home Office
- Only accept original documents
- Check photos against the appearance of the person
- Check that the date-of-birth is consistent on all documents
- Check the expiry dates of any limited leave to enter or remain in the UK have not passed
- Check UK government endorsements to see if the person is allowed to do the kind of work you are offering
- Satisfy yourself that the documents are genuine, have not been tampered with and belong to the holder
- If you have been given two documents with different names ask for a document of explanation (e.g. marriage certificates, divorce decree absolute, deed poll or statutory declaration)
- Make photocopies of all documents for your files
- If a person has a time limit on their right-to-work you must repeat these document checks at the point of expiry and every 12 months
- Carry out these checks on all potential employees to avoid discrimination