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Illegal Working: Right to work checks and Codes amended

Employment Law & HR
BG Purple

Note: this article was first written by our colleagues at Solve HR, before Solve HR joined Law At Work in March 2020. We have imported this...

A revised code for preventing illegal working in the UK becomes effective from 16 May 2014. The range of documents acceptable as evidence of the right to work in the UK is to be reduced. Employers will be required to keep a record of when right to work checks are made but will no longer be required to carry out annual checks or keep a copy of the front page of a passport. Employers who acquire staff as a result of a Transfer of Undertakings (Protection of Employment) (TUPE) transfer will be provided with a grace period of 60 days from the date of the transfer of the business to correctly carry out their first statutory document checks in respect of these new employees. There will be nograce period for the follow-up checks. For those employing students with time limited permission to work in the UK. The requirement will be to obtain and retain a copy of evidence setting out their term and vacation times covering the duration of their period of study in the UK for which they will be employed. Dovetailing the above changes is a revised Code of Practice on avoiding unlawful discrimination in recruitment - also effective from 16th May 2014. Contact Solve if you require further information on ensuring you have a robust system of checking your employee's right to work in the UK while also avoiding unlawful discrimination.

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