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Employers are required by law to check potential workers have the right to work in the UK, before employment begins. This obligation is set out in the Immigration, Asylum and Nationality Act 2006. If you correctly carry out the checks then you have a ‘legal excuse' in the event that an illegal worker is subsequently found to be working for you.
There are several key points to remember when performing the checks:
If an applicant provides false documents, you will only be liable for a fine if the forgery is ‘reasonably apparent'. It is the responsibility of the person looking for work to show that they are legally allowed to work in the UK but you should make it clear in any offer of work that it is conditional upon the applicant providing the necessary documents.
For more information please contact Pam Loch on 01892 773970 or at firstname.lastname@example.org.
Pam Loch, Managing Partner of niche employment law practice, Loch Associates Employment Lawyers and Managing Director of HR Advise Me Limited.
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