Labour Research June 2004

Law Matters

Job checks

The Immigration and Asylum Act 1996 places a legal obligation on employers to check that job applicants have the right to work in the UK.

Until last month it was enough for applicants to provide one piece of evidence of the right to work - for example, a National Insurance (NI) number. However, the government claims that there has been a prevalence of fraudulent documents in circulation. It has therefore decided that, from 1 May 2004, potential employees should provide, before starting employment, either:

* a passport or identity card which shows that the applicant has a right to work; or

* at least two documents -one must contain an NI number, while the other should be a birth certificate, a letter from the immigration authorities or the Home Office, or a work permit showing that the individual has a right to work.