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Employee identity

As the employer in a general engineering business (not associated with finance), do I need to check new employee identity (photographic etc.) under MLR or is P45/P46 enough. Thanks

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20th Feb 2012 13:30

employee identity

I don't think you have an issue with MLR, but don't forget that you do have an obligation to check that the new employee does have the right to work in the UK.  In practice this means checking a copy of the passport / visa, making sure they have an NI card or similar.   There are stiff penalties as an employer if you can't produce these documents if requested so my advice would be, get a copy of their passport and NI card, better safe than sorry.

regards

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20th Feb 2012 13:34

I am a little out of date for these things

I believe you have to check that they are eligible to work in the UK, and I would check their ID, too.

Unlike Baroness what-ever-her-name-was, you are unlikely to get away with employing someone who is not entitled to work in the UK. Don't take if for granted that his/her previous employer did the checks.

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By 0098087
20th Feb 2012 13:50

Don't forget that under RTI, from next April 2013 you will need to get the employees passport number.

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20th Feb 2012 14:47

And then the fun really starts

0098087 wrote:

Don't forget that under RTI, from next April 2013 you will need to get the employees passport number.

Employer: Don't forget when you start on Monday that we will need to get a copy of your passport

Employee: Don't have a passport

Employer: Oh, er well get one.

Employee: Can't, they cost £80 and I haven't earned anything yet.

 

 

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By 0098087
20th Feb 2012 14:52

It's not going to be compulsory to have UK passport numbers..if you haven't got one you don't need to get one, but if they have one you need the number.

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20th Feb 2012 15:01

Fair enough but

0098087 wrote:

It's not going to be compulsory to have UK passport numbers..if you haven't got one you don't need to get one, but if they have one you need the number.

1. How exactly to you establish if someone has one or not? (Yes I know, ask them but if they find it easier to tell you they don't have one rather than attempt to dig it of a drawer somewhere then what happens?)

2. Do you need to keep track of renewals (no idea if the number changes)

3.Your average large company HR department tend to translate these things as absolute requirements. The scenario I outlined intitially would apply.

 

  

 

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By 0098087
21st Feb 2012 15:09

I would only really worry about passport numbers for non UK nationals

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21st Feb 2012 15:21

Really?

0098087 wrote:

I would only really worry about passport numbers for non UK nationals

Without seeing a passport , how do you confirm if they are a UK national?

(Getting into dodgy ground assuming anyone with an accent or foriegn name is not a British born & bred. For example, there are many people in my area with Polish surnames going back to WW2 in my area that are up to 3rd generation Scottish. So Angus Campbell, John MacDonald & Bob Kowalski turn up for a job. All three claim not to have passports. What do you do then?)

 

 

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22nd Feb 2012 11:13

See Home Office website

See the pdf document "Summary guidance for employers on preventing illegal working, December 2010" on the Home Office website

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

List A on p24 of the booklet outlines various documents which are acceptable as proof of right to work in the UK. Item 7. on that list is "A full birth certificate issued in the United Kingdom which includes the name(s) of at least one of the holder’s parents, when produced in combination with an official document giving the person’s National Insurance Number and their name issued by a Government agency or a previous employer."

So above is acceptable if the individual does not have a passport.

Hope that helps!

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22nd Feb 2012 11:24

If the person is an EU resident they may have an ID card rather than a passport...and will be eligible to work here

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By slarti
23rd Feb 2012 10:56

But the UK boarder agency

if it is a day when they are working, won't allow EU residents into the country without a passport.

 

Had an instance of this 2 weeks ago when a German who was supposed to be giving a lecture had to cancel as UK boarder agency would not let him onto the ship in Germany.

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By cfield
23rd Feb 2012 20:35

Boarder agency?

Is that a joke or a typo?

Chris

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By slarti
24th Feb 2012 09:02

Less than perfect spelling :(

At least it was a real word, which sometimes my spelling does not result in.

 

But of course what I should have said was UK Border Agency, though from what has been in the news, one wonders.

 

 

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By chatman
23rd Feb 2012 20:44

Joke or Typo

Typo

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By cfield
24th Feb 2012 09:58

Or a play on words!

I thought it was a play on words, given that we now seem to be like a boarding house for the rest of the world.

Chris

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