Right to Work

Establishing the Statutory Excuse

Step 2 - Conducting Checks

To acquire the statutory excuse employers are required to check the validity of the document and satisfy themselves that the individual is the person named in the documents they have presented and is entitled to do the work in question.

Failure to conduct these checks and to demonstrate that they have been completed before work commences will mean that the statutory excuse has not been established.

The checks specified in The Immigration, Asylum and Nationality Act 2006 are as follows:

• Check any photographs in the documentation are consistent with the appearance of the individual.

• Check the dates of birth listed to ensure that these are consistent across documents and that you are satisfied that these correspond with the appearance of your prospective or current employee.

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

• Check any UK Government endorsements (stamps, visas, etc.) to confirm the individual is able to do the type of work offered.

• Satisfy yourself that the documents are genuine and have not been tampered with and belong to the holder.

• If the individual provides two documents which have different names, ask for a further document to explain the reason for this - a marriage certificate, divorce decree, deed poll document or statutory declaration.

Employers are not expected to be experts on forged documents and will only be required to pay a civil penalty if:

• The falsity is reasonably apparent i.e. if an individual, who is untrained in the identification of false documents, examining it carefully, but briefly and without the use of technological aids, could reasonably be expected to realise that the document in question is not genuine.

• Where it is reasonably apparent that the person presenting the document is not the person referred to in that document, even if the document itself is genuine.

For more information about worker registration please see the  ALP website.

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