Factsheet 18: Employing people legally

Every employer in the UK has a legal obligation under the Asylum and Immigration Act 1996 to make basic document checks on every person they intend to employ. On May 1^st 2004, amendments to this legislation came into force which made changes to the types of documents you need to check.

This requirement does not apply where :

· You use workers supplied by 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 that they have carried out the required document checks and procedures (if they have not, beware ! and seek advice).

· You have proof that the worker is registered self-employed and who invoices you for the services/duties carried out.

If you plan to employ staff you must carry out these checks.

As a registered 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 1 or two of the original documents given in List 2 of the Home Office guidance document (**see below)

· Make appropriate checks of the document(s) as detailed in the guidance document

· Make a photocopy of the relevant document(s) as detailed in the 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 Inland Revenue).

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.

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** The Home Office Guidance Document is entitled ‘Changes to the Law on Preventing illegal working: Short Guidance for United Kingdom 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 3.2

Version Date: 2^nd August 2005

ã The Rowan Organisation Supporting Independent Living