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Right to Work Policy

The Immigration, Asylum and Nationality Act 2006 is in place to prevent illegal working in the UK. The law is in place to:

  • Make it harder for people with no right to work in the UK to unlawfully gain or keep employment

  • Make it easier for you to ensure that you only employ people who are legally allowed to work for you

  • Strengthen the Government’s controls on tackling illegal working by making it easier for us to take action against employers who use illegal workers.

 

Employing someone who is not allowed to work in the UK is illegal.

 

121 Recruitment Services are legally responsible for carrying out relevant document checks on our workers to make sure they have the right to work in the UK before they are employed/ start working.

 

Step 1

121 require one of the single documents, or specified combinations of documents from LIST A. or LIST B. We will only accept original documents.

  • LIST A: Documents which show an ongoing right to work

  • LIST B: Documents which show a right to work for up to 12 months

 

Step 2

121 will always ensure reasonable steps are taken to check that the documents are genuine and held by the rightful person by;

  • Checking any photographs are consistent with the appearance of the person

  • Checking any dates of birth listed are consistent across documents and that these match up with the appearance of the person

  • Checking that the expiry dates of any limited leave to enter or remain in the UK have not passed

  • Checking any UK government endorsements (Biometric Residence Permits, stamps, stickers, visas) to see if the person is able to do, or can continue to do, the type of work you are offering

  • Checking that the documents are genuine, have not been tampered with and belong to the holder

  • Asking for a further document in explanation if you are given two documents which have different names. The further document could, for example, be a marriage certificate or a divorce decree absolute, a deed poll or statutory declaration.

 

Step 3

121 will take a copy of the relevant pages of the document in a format which cannot later be altered, for example, a photocopy or scan. In the case of a passport or other travel document, the following parts must be copied:

  • The document’s front cover and any page containing the holder’s personal details

  • Any page containing UK government endorsements showing their permission to be in the UK and their right to carry out the work you are offering.

 

121 will copy all other documents in full; this includes both sides of a Biometric Residence Permit and write on the copy of the document the date on which you took the copy.

 

We will then keep a record of every document copied and hold these copies securely for at least 2 years after their employment has ended.

 

Employing Asylum Seekers, Refugees And Those Granted Humanitarian Protection

Asylum seekers have made an application to be recognised as a refugee under the Geneva Convention, or have otherwise made an application for international protection.

Asylum seekers do not normally have the right to work here and may only be lawfully employed if we have lifted restrictions on them taking employment.

If an asylum seeker is allowed to work, they will hold a Home Office issued Application Registration Card stating one of the following:

  • Allowed to Work

  • Employment Permitted

  • Work Restricted – SOL (which stands for Shortage Occupation List)

  • Work Restricted – Student

  • Work Restricted – Other

 

If a Job Applicant or Existing Worker Cannot Show their documents

121 will contact the Home Office Employer Checking Service. If the person has a right to work, the Employer Checking Service will send a ‘Positive Verification Notice’.

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