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Legal Employment in the UK

Important Laws for Employers (to prevent illegal working)

The Asylum and Immigration Act 1996 makes it a criminal offence to employ someone who has no right to work in the UK. It also gives employers a statutory defence against conviction for employing an illegal worker. This is done by checking and copying certain original documents belonging to your employee.

You need to obtain certain documents from all potential employees (whether you believe them to be British or not) Failure to do this for all employees could result in prosecution under the Race Relations Act. The main documents that must be produced are:

EITHER - any one of the following:
1. A passport showing that the holder is a British citizen, or has a right of abode in the UK or
2. A passport or identity card showing that the holder is a national of an EU country or Switzerland or
3. A passport or travel document showing that the holder can stay indefinitely in the UK or a travel document containing an endorsement to allow the holder to carry out the work being offered.

OR - two of the following:
1. An official document showing the employee's permanent national insurance number

AND
1. A full birth certificate issued in the UK or channel Islands, Isle of Man or Ireland which includes the names of the holder's parents or
2. A certificate of registration or naturalisation stating that the holder is a British citizen or
3. A letter or Immigration Status Document issued by the Home Office which indicates that the person can stay indefinitely in the UK or can do the type of work being offered

OR
1. A work permit together with a passport or travel document or letter from the home Office endorsed to show that the holder is able to take the employment in question.
You need to satisfy yourself that your potential employee is the rightful holder of any of the documents they present to you and to make a photocopy or a scan of the following:

a) The front cover and pages containing the employee's personal details, photograph and signature
b) Any page containing a UK stamp or endorsement

Taking the above precautions will establish a statutory defence. If you are found to have employed someone illegally you could be fined up to £5,000 and the employee deported.

EU Employees

If you employ someone from certain EU countries and they have not been working in the UK for 12 months, then you will also need to ensure that they register with the home office within 30 days of commencing employment. The countries are CZECH REPUBLIC, ESTONIA, HUNGARY, LATVIA, LITHUANIA, POLAND, SLOVAKIA AND SLOVENIA. Failure to do so could result in a fine of up to £5,000.

You will need to provide them with evidence of their employment and keep a copy of the completed application form which you must keep until you receive notification from the Home Office that the employee has been registered. You will then receive a registration certificate.

Once the employee has been working legally in the UK for 12 months then they have full rights of residency and free movement and will be eligible for a residence permit confirming their right to work in the UK. As an employer you should ensure that your employee has a right to work in the UK.

If you wish to take someone on from Bulgaria or Romania you will need to obtain authorisation to work before starting any employment. The process for obtaining authorisation to work is in two stages:

1. The UK employer fist applies for approval of the employment under the work permit arrangements. (This does not apply to "domestic workers" but nannies are not included within this exemption).

2. The Bulgarian or Romanian national must then apply for an Accession worker card.

For further information please visit www.ind.homeoffice.gov.uk or www.workingintheuk.gov.uk or you can ring the employers' helpline on 0845 010 6677.

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Chartered Accountant

Legal Employment in the UK

Important Laws for Employers (to prevent illegal working)

EU Employees

Nanny Tax Forms

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