CRITERIA

Employment is Freely Chosen

Freedom of Association & Collective Bargaining

Safe & Hygienic Working Environment

Child Labour

Living Wages To Be Paid

Working Hours Are Not Excessive

No Discrimination

Regular Employment

No Harsh Or Inhumane Treatment

Use of Agency Labour

Continual Improvement

General

Code

Law

Assess

Action Plan

Regular Employment - UK Law
Immigration Law

Section 8 of the Asylum and Immigration Act 1996 requires that all employers in the UK make a basic document check on every person they intend to employ. From May 2004, the Government introduced changes to the types of document which UK employers need to check to demonstrate due diligence in avoiding employing illegal workers.

• It is a criminal offence to employ someone aged 16 or over, who has no right to work in the UK, or no right to do the work they are offering.
• Ask any potential employee from a member state of the European Economic Area to provide evidence of identity and the right to work in accordance with the Home Office guidance e.g. Passport, Identity Card, Application Registration Card or a combination of two documents from the guidance llists e.g. National Insurance Card with Birth Certificate, or Work Permit with Passport.
• Take reasonable steps to ensure that the documents presented to you are correct, e.g. check photographs, names, and dates of birth match employee, check expiry dates.
• Copy all relevant parts of the documents and retain the copies for 5 years. Original documents must be returned to the worker immediately. If you want to scan the documnets you must use WORM (Write Once Read Many) software which means you cannot alter the documents electronically.
• Employers are liable to substantial fines of £5,000 for every illegal worker they employ (if they cannot prove due diligence against Section 8 of the Asylum and Immigration Act)

Useful Home Office Links for Guidance notes on evidence of proof to work: Preventing Illegal Working

Other useful Home Office Links: Working in the UK- Work Permits Seasonal Agricultural Workers Scheme