Every employer in the UK has a legal obligation under the Immigration, Asylum and Nationality Act 2006 to make basic document checks on every person they intend to employ. This legislation came into force on February 29th 2008 and replaces the original 2004 legislation. The new law also introduced severe financial penalties (up to £10,000 per illegal worker) for employers who fail to carry out the checks.

Requirements to carry out document checks do not apply where you use workers supplied by registered Domiciliary Care Agencies under a contract for services. However, if you plan to use the services of an Introductory Agency, it is advisable to confirm with them that they themselves have carried out the required document checks and procedures (if they have not, beware! and seek advice).

It may not be necessary to carry out document checks on individuals who are registered with HM Revenue & Customs as a self-employed worker, who invoices you for the services carried out and declares responsibility for their own tax and national insurance. (However, please see Factsheet 19: ‘Employed or Self-Employed?'. If it is determined that you are an employer, you must carry out the relevant document checks).

If you plan to employ staff you must carry out the required checks before employment begins.

Please note: The provision of a National Insurance Number is not sufficient for the purposes of establishing an excuse.

The Home Office Guidance Document ‘Prevention of Illegal Working - Summary Guidance for Employers' (April 2009) contains two document lists (List A and List B). As an employer, the following procedures must be followed for every new potential employee (irrespective of their nationality or UK citizen status) and can be summarised as follows:

• Ask them to provide one of the original documents given in List A or two of the original documents in the specified combinations given in List A. If the employee is able to do this it will indicate a permanent right to work in the UK.
• If they are unable to produce any original document from List A, ask them to provide one of the original documents given in List B or two of the original documents in the specified combinations given in List B. If the employee is able to do this it will indicate a temporary right to work in the UK. However, for List B documents, you must carry out follow-up checks at least once every twelve months to ensure you retain your legal defence.
• Make appropriate checks of the document(s) as detailed in the Home Office guidance document.
• Take a photocopy of the relevant document(s) as detailed in the Home Office guidance document

If you have carried out these checks and established that your potential employee is not permitted to work, then you are entitled to refuse employment to that person.

Once you are satisfied that the person is eligible to work in the UK you will be able to offer the person employment and proceed with setting the person up as an employee under PAYE (you will need their National Insurance Number or send off their signed P46 to the HM Revenue & Customs).

Finally, there are also certain regulations associated with ‘types' of people you can employ. In particular, there are some procedures and restrictions relating to the number of hours that children of certain ages can work as PAs. There are also restrictions relating to the use of au pairs. If you require further information, please speak to your local Rowan Independent Living Adviser or the Information Service.

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** The Home Office Guidance Document is entitled ‘Prevention of Illegal Working - Summary Guidance for Employers'. This can be obtained by contacting the Home Office Employer's Helpline on 0845 010 6677. Alternatively, you can discuss with your local Independent Living Adviser.

Version 4.0

Version Date: November 2009

The Rowan Organisation - Supporting Independence Through Choice