Features

HR Update - ID checks apply to everyone

Management
Employers have a duty to prevent illegal working by checking
documents - while avoiding discrimination, says Jacqui Mann

Checking the identity and credentials of people before employing them is an essential but sensitive task. It must be carried out for all employees; only carrying out checks on people you believe not to be British citizens could open you to accusations of discrimination.

jacqui-mann-wThe Government's code of practice has statutory force and may be taken into account by courts and tribunals. I would advise all employers to include it as part of their best practice. It advises employers to:

It is important to get this right, as there is a stiff penalty for employing an illegal worker - the maximum civil penalty is £20,000. And, if you are found to have 'knowingly employed' an illegal worker, you could be jailed for up to two years and receive an unlimited fine.

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