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Company Law Reform
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Is it true that companies must now have a record of employees' passport details or birth certificates on file in order to comply with new laws?
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Hi Chinajan
There is no requirement for it to necessarily be a passport or birth certificate but certainly employers have to check every new employees eligibility to work in the UK and keep a copy of the documentation they used to check this. There is a list of eligible documents here - http://www.businesslink.gov.uk/bdotg/action/de tail;jsessionid=FQwm1nPjhk4rlSmKfYv17199y39YVq QvvtGTFjGj2GmtFKRXX2Gc!-851784579!116289968675 5?r.l3=1073981874&r.l2=1073858914&r.l1=1073858 787&r.s=sc&type=RESOURCES&itemId=1073791948- normally it's a passport as that satisifes all critieria in one document ie can check photo id, place of birth, date of birth etc.
There is no requirement for it to necessarily be a passport or birth certificate but certainly employers have to check every new employees eligibility to work in the UK and keep a copy of the documentation they used to check this. There is a list of eligible documents here - http://www.businesslink.gov.uk/bdotg/action/de tail;jsessionid=FQwm1nPjhk4rlSmKfYv17199y39YVq QvvtGTFjGj2GmtFKRXX2Gc!-851784579!116289968675 5?r.l3=1073981874&r.l2=1073858914&r.l1=1073858 787&r.s=sc&type=RESOURCES&itemId=1073791948- normally it's a passport as that satisifes all critieria in one document ie can check photo id, place of birth, date of birth etc.
An employer has to validate the identity and rights to work of an employee and taking a copy of the passport is the one stop shop way to do it as it is a photo id AND usually has visa info in it (if applicable).
The fact that you are an existing employee is irrelevant. If you can't prove you have rights to work and that you are who you say you are then the employer is within their rights to terminate your employment.
Best practice would suggest that this should have been done before you started but the fact that it wasn't by no means makes it illegal for them to have that info.
As kirsty says, it doesn't have to be your passport and therefore an EU driving licence coupled with a copy of your visa or work permit detailing your right to work, would also suffice.
The fact that you are an existing employee is irrelevant. If you can't prove you have rights to work and that you are who you say you are then the employer is within their rights to terminate your employment.
Best practice would suggest that this should have been done before you started but the fact that it wasn't by no means makes it illegal for them to have that info.
As kirsty says, it doesn't have to be your passport and therefore an EU driving licence coupled with a copy of your visa or work permit detailing your right to work, would also suffice.
Thanks for all this information. The link was helpful too.
I understand my employers have to check that new people have the right to work here but since I've been in the job for fifteen years and am British born and bred I object to the nosey beggars ordering me to bring in bl**dy ID!
I was hoping someone here could find me a way of telling them where to go. Ho hum.
I understand my employers have to check that new people have the right to work here but since I've been in the job for fifteen years and am British born and bred I object to the nosey beggars ordering me to bring in bl**dy ID!
I was hoping someone here could find me a way of telling them where to go. Ho hum.
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