If you ask for the details during the recruitment process; you should ask all applicants for the same documents (even if you know they are eligible) to avoid potential racial discrimination. The full list of acceptable documents is available on the Home Office site here.
 

2. Checking the Documents

All the documents must be originals, copies are not allowed.

It is your responsibility to check the documents carefully; if you do not and an employee turns out to have been employed illegally you will be fined and could face prosecution.

Here are the main things to check to ensure the document is genuine: 

• Names – Is the same name on all the documents, and is it spelt the same?
   
• Dates - Are the documents within any expiry dates listed on them?
   
• Photographs – Do the photographs on the documents actually look like the person?
   
• Date of Birth – Does the age of the candidate look accurate compared to their appearance?
   
• Endorsements – Do the endorsement stamps allow the candidate to do the job you are employing them for? Some stamps only permit certain types of work.

3. Copying and Storing the Documents

When you have checked the documents, you need to take a copy of all the relevant pages to keep in your records.

You can take a photocopy, or scan the documents into your pc. Once you have scanned them, you need to store them on secure media (E.g.: CDR or DVD-R) where the information cannot be edited or deleted.

The copies should be kept with your personnel records for at least three years.
 

4. Registration and Permits

Depending on what country your candidate is from, you will need to follow a different procedure; the three most likely situations are:

Employing Someone from the A8 Countries (Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovakia and Slovenia):

Your worker must apply (or provide evidence of exemption) to the A8 Worker Registration Scheme within one month of starting work for you. Application forms can be downloaded from the Working in the UK site here.

Employing Someone from the A2 Countries (Bulgaria and Romania):

You will be required to check whether the candidate needs to be authorised by the Home Office before they start work. You must see evidence that the candidate is exempt or get them authorised before they start work.

Employing Someone from the EEA (EU countries excluding those in the A8 and A2) or Switzerland:

EEA and Swiss nationals are freely entitled to work in the UK. They will need to show you a passport or identity card from an eligible country; or a permit/certificate from the Home Office.

For more information on legal issues visit our Business Law portal here.