CHANGES TO THE LAW ON PREVENTING ILLEGAL WORKING AND IMPLICATIONS FOR DEPARTMENTS/SECTIONS

Important Information for the attention of Heads of Department and Section and others involved in the employment of staff.  The following arrangements are applicable to all staff regardless of nationality.

The Asylum and Nationality Act 2006 requires all employers in the UK to make basic document checks on every person they intend to employ BEFORE that individual commences work.  This is to ensure employers do not break the law by taking on illegal workers.

The University has introduced new procedures with immediate effect to ensure that, as an employer, it meets its responsibilities under the law by establishing whether every prospective employee is legally able to work here.  These procedures now involve action by Departments/Sections.

It should be noted that it is a criminal offence for the University to employ someone who has no right to work in the UK, or no right to do the work it is offering.

Departments/Sections are now required to check, and retain documentary evidence of, a prospective employee’s right to work in the UK for all Bought-in Teachers and Casual appointments. Human Resources will carry out checks in respect of all other appointments.

All checks must be carried out in advance of employment.

2.1 Bought-in Teachers

Bought-In Teachers are members of staff who are employed to support the teaching load of a Department, usually on a short-term basis (for further information, see http://www.lboro.ac.uk/admin/personnel/alpha.html). 

It is the responsibility of the Head of Department/Section or nominee to ensure that the necessary checks are carried out within the Department/

Section, to ensure the individual has permission to work in the UK before (s)he starts work at the University, and that a copy of the necessary evidence kept in the Department/Section.  See attached Appendix for full details.

All bought-in teachers must be issued with a contract of employment by Human Resources prior to commencing work.  The request to Human Resources for a contract of employment must include confirmation that evidence exists in the Department/Section that the bought-in teacher has a right to work in the UK.

This procedure applies to all bought-in teachers including any who re-commence employment after May 2004.  Checks should also be undertaken on any student who is employed in this capacity.

2.2 Casual Employees

At present, the University through Human Resources does not issue formal contracts of employment for those who are employed for less than one month (except for bought-in teachers).  Examples are those employed to complete short term pieces of work or projects, or to cover absences of permanent staff, external examiners and invigilators.  The above checks must also be undertaken on any student who is employed in this capacity.

Despite the absence of a contract, there is a requirement for Departments

Sections to carry out checks as described above for bought-in teachers (Section 2.1, and for a copy of all documentary evidence to be kept in the Department/Section.  See attached Appendix for full details.

2.3 All Other Appointments

This group comprises offers of contracts of employment issued by Human Resources, following receipt of a Request for Offer of Appointment form.  Such appointments may be full-time or part-time (occasionally for variable hours), and may be open-ended, fixed-term or temporary/short-term (but of more than one month’s duration).

Human Resources will carry out the necessary checks for such appointments, in order to be satisfied that all prospective employees have permission to be employed in the UK, before they start work at the University.  As indicated in 2.1 and 2.2 above, Human Resources will not carry out checks on bought-in teachers or casual appointments as this is the responsibility of Departments/Sections.

Please remember it is a criminal offence for the University to employ someone who has no right to work in the UK, or no right to do the work being offered.  Our defence against conviction is obtained by carrying out the procedures described above, including retaining a copy of the relevant documentation as evidence.

Where Departments/Sections are required to carry out the necessary checks (2.1 and 2.2 above) and, in the course of these, establish that a potential employee is not permitted to work, that person should be refused employment.  If necessary, Departments/Sections should contact the relevant HR Adviser for guidance.

In implementing the above, you are reminded that the University is obliged by law to ensure that its recruitment practices do not discriminate against individuals on racial grounds.

You should not employ anyone on the basis of their claim to be British or a national from a country in the European Economic Area or whether you think they appear to be from such countries.  All job applicants must be treated in the same way regardless of race.

The procedures referred to in Section 2 above are separate from those connected with the employment of overseas (non EEA/UK) nationals requiring a work permit in order to take up an appointment at the University, and permission to remain in the UK for that purpose.  As at present, the relevant HR Adviser will make the necessary arrangements to obtain a work permit and advise on leave to remain.  Only in these circumstances are checks within Departments/Sections not required.

Any queries should be directed to the relevant HR Adviser .

Document Checklist

Important information for the attention of all those being offered a contract of employment.

IMMIGRATION, ASYLUM AND NATIONALITY ACT 2006 (Prevention of Illegal Working)

The UK Government has introduced a Code of Practice in respect of the Asylum and Nationality Act (2006).  This is designed to prevent illegal working in a way which does not result in unlawful race discrimination.

Loughborough University is committed to achieving an environment which provides equality of opportunity and freedom from race discrimination, and its equal opportunities policy and associated codes of practice, including recruitment and selection, aim to ensure this.

To make sure that you have current and valid permission to be in the United Kingdom and that permission does not prevent you from taking up employment at Loughborough University, you are required to send to Human Resources, an original secure document from List 1, or a specified combination of two other documents from List 2. 

Please note you will not be able to take up your appointment here unless this evidence is provided.

LIST A

1	A passport showing that the holder, or a person named in the passport as the child of the holder, is a British citizen or a citizen of the United Kingdom and Colonies having the right of abode in the United Kingdom, or
2	A passport or national identity card showing that the holder, or a person named in the passport as the child of the holder, is a national of the European Economic Area or Switzerland, or
3	A residence permit, registration certificate or document certifying or indicating permanent residence issued by the Home Office or the UK Border Agency to a national of a (European Economic Area country or Switzerland, or
4	A permanent residence card issued by the Home Office or the UK Border Agency to the family member of a national of a (European Economic Area country or Switzerland, or
5	A Biometric Immigration Document issued by the UK Border Agency to the holder which indicates that the person named in it is allowed to stay indefinitely in the UK, or has no time limit on their stay in the UK, or
6	A passport or other travel document endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or has no time limit on their stay in the UK, or
7	An Immigration Status Document issued by the Home Office or the UK Border Agency to the holder with an endorsement indicating that the person named in it is allowed to stay indefinitely in the UK or has no time limit on their stay in the UK when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer, or
8	A full birth certificate issued in the UK which includes the name(s) of at least one of the holder’s parents, when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer, or
9	A full adoption certificate issued in the UK which includes the name(s) of at least one of the holder’s adoptive parents, when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer, or
10	A birth certificate issued in the Channel Islands, the Isle of Man or Ireland when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer, or
11	An adoption certificate issued in the Channel Islands, the Isle of Man or Ireland when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer, or
12	A certificate of registration or naturalisation as a British citizen, when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer, or
13	A letter issued by the Home Office or the UK Border Agency to the holder which indicates that the person named in it is allowed to stay indefinitely in the United Kingdom, when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer.

LIST B

If you provide evidence from this list, this means you have restrictions on your entitlement to be in the United Kingdom, and you will be required, on an annual basis, to produce such evidence to prove that you may continue to remain in the UK for employment at Loughborough University.  After your appointment has commenced, Human Resources will contact you at appropriate intervals regarding further provision of this evidence.

1	A passport or travel document endorsed to show that the holder is allowed to stay in the UK and is allowed to do the type of work in question, provided that it does not require the issue of a certificate of sponsorship, or
2	A Biometric Immigration Document issued by the UK Border Agency to the holder which indicates that the person named in it can stay in the UK and is allowed to do the work in question, or
3	Evidence of a certificate of sponsorship or other approval to take employment issued by the Home Office or the UK Border Agency when produced in combination with either a passport or another travel document endorsed to show the holder is allowed to stay in the UK and is allowed to do the work in question, or a letter issued by the Home Office or the UK Border Agency to the holder or the employer or prospective employer confirming the same, or
4	A certificate of application issued by the Home Office or the UK Border Agency to or for a family member of a national of an European Economic Area country or Switzerland stating that the holder is permitted to take employment, which is less than 6 months old when produced in combination with evidence of verification by the UK Border Agency Employer Checking Service, or

5	A residence card or document issued by the Home Office or the UK Border Agency to a family member of a national of an European Economic Area country or Switzerland, or
6	An Application Registration Card issued by the Home Office or the UK Border Agency stating that the holder is permitted to take employment, when produced in combination with evidence of verification by the UK Border Agency Employer Checking Service, or
7	An immigration Status Document issued by the Home Office or the UK Border Agency to the holder with an endorsement indicating that the person named in it can stay in the UK, and is allowed to do the type of work in question, when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer, or
8	A letter issued by the Home Office or the UK Border Agency to the holder or employer or prospective employer, which indicates that the person named in it can stay in the UK and is allowed to do the work in question when produced in combination with an official document giving the person’s permanent National Insurance Number and their name issued by a Government agency or a previous employer, .

Author:  Human Resources: MET last amended March 2009