NO2ID

Copying Passport and other documents at an interview

In recent years, letters from prospective employers inviting you to interview require you to bring your passport, qualifications etc for "verification". Verification means that an HR Assistant or secretary takes your documents and photocopies them to put with your interview/application forms. Often they want to take them away and give them back at the end of the interview or to be taken away. This is to speed up their HR processes if you are appointed to the vacancy.

Although I bring the documents, I always refuse to allow them to be copied or to be taken away. I allow the employer to verifiy their authenticity in front of me but on no account can they record more than the fact the have seen and verified original documents.

So far, all of the companies I have had interviews with have understood as I always state the potential for ID theft. Anyway, why should they keep such personal data on file when you may not be offered the job anyway. If you are offered the position, you can then decide what and how they can record your eligibility for work in the UK.

Don't feel bad about politely refusing and getting anyone in authority to fully justify why they need the information. In my experience, there has always been a way around this problem.

So just to clarify:
(Questions) There is NO legal requirement to provide these details.

There is no legal requirement for copies to be made and stored, a confirmation by my superior to state HE is satisfied that i am entitled to work in the UK is suffiecient evidence.

Have i got that right????
Can i prove this to him as i dont seem to be able to find the relavant document.
Im doubly worried as one of the IT staff was sacked recently for reading other peoples emails. Fills me with confidence that does...

Can anyone help please, i have jst found this site as i have been getting asked constantly by my work (a big Media Company) to hand in my documents as well,
Now i dont have a passport (when i told them this they looked at me like i had 2 heads) but i had my birth certificate with me so i handed them that but they told me it was not the correct one? but they were not very clear on why it was the "wrong one" and they said i will need to go and get the correct one and it would probably cost me about £10,
Now I keep saying to my manager/hr dept that i have been on this planet for over 30 years now and working for this company for over 8 years and the birth certificate etc i have has always done me so why should i have to pay for this when money is tight at the moment and it will be the only time i need this "correct one"
They are now saying i MUST get it b4 28th of May or i may get SUSPENDED!,
They also said i need to produce my n.i number as well but as i lost my card the only proof i have is a tax slip that jst came in from my employers, does anyone know if this will do them,

Thanks a very concerned person

This sounds a bit odd.
Can you give a description of it? Obviously you can leave out some of the specifics
e.g. pre-printed, what colour ink, whether it has any stamps on it, and what it has as its title.

For the NI number I think a letter from HMRC with the number on it should be sufficient, and I think they might even send you an official "your NI number" letter if you ask.

There are two forms of the birth certificate - short and full. The short is a small piece of paper with your name and DOB on it. The full certificate has information about your parents on it, and is often A4.

The employer guidance says one of the valid combinations is a full birth certificate and something official with your NI number (numbercard, HMRC form, etc.) Both are needed for the employer to have a valid "excuse".

You can apply to the registry office where you was born (or the general registry office) for a copy of the full certificate.

See page 25 onwards to view the combinations:

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

Thank you very much for that AndrewNi, Cheers,
What i couldn't see was if they can make me produce something that i dont have and i would need to pay for to get because they have said i may get suspended if i dont hand it in b4 28th May 2009!
Or can i make them pay for it as its them that want it and as i said b4 i have been on this planet for over 30 years and worked for them for 8 years and never needed a "full" birth certificate b4 and probably wont after this or should i jst give in and pay for one,

Cheers

It would seem to me from what you are saying that to continue in your employment you need to obtain the said document. This IMHO makes it an expense incurred as part of your employment and you should make a claim for that expense.

Hi

I also work for a large national company who have been asking since earlier this year for proof of right to work. I have been employed by them since 2002. I have provided them with my full birth certificate and my recent P60. This is not enough for them and they are getting increasingly insistent and have mentioned "further action"....all because my birth certificate name and my name on my P60 dont match! The reason - my mother changed my surname when I was 4 when she married my step-father. No formal adoption was carried out, I simply assumed my step-father's surname. I have never existed as my birth-name since then and all bank, dvla, NI, school, NHS, university, work et al documention exists in my "assumed" name. My employers say that I have to get a change of name done, at my expense, so that all my documents match up. Why? Why should I be out of pocket for something that they want, and that I dont need?
I have advised them that I do not need to "officially"change my name, that I will do so if I need to eg obtaining a passport and that if they want this document they are going to have to pay for it to be done. They are saying no. I have checked with UKBA etc and they have advised that there is no legal requirement for me to change my name but my employers are insisting on it. I am determined not to give in...they are saying that I am breaching company policy and are talking about disciplinary procedures. Where would I stand if they took disciplinary action and perhaps dismissed me?

Sounds to me as though your employer needs to receive a letter from your solicitor or yourself telling them you'll see them in court for harassment, etc. as you have no legal obligation to change your name just to suit their bureaucratic paranoia.

In the UK you have always been able to call yourself by whatever name you wish, as long as your intention is not to defraud. Deed polls are not necessary to change a name, all you have to do is write to people and tell them the name by which you wish to be known.

Unfortunately the government has produced a mass of legislation which forces many people to harass us for documentation to prove we have a right to exist as a named entity. It is their fear of being prosecuted that causes the Stasi state to develop as we all get trained to spy on one another. Now, the fact that you have been with your company a number of years means that you have a longstanding relationship with that company; it therefore should not be necessary for you to prove anything. You have an NI number, which clearly is valid as you are on PAYE, and a driving licence, and a home address, which should be enough, you don't actually need either your birth certificate or passport. Sounds like the only thing that would convince your employers would be if you were microchipped at birth!

This is rather annoying....I tend to be quite bolshy at work about things like this, but i happened to be photocopyig my passport for something at work (i forget what, and my employer took two copies! I was sooo angry about this!

The reason for my post is now my passport has expired, its a germen passport (easier and cheaper than a brittish one before anyone asks) I'm looking for work but have had a LOT of trouble not having a, indate passport...

Surely my identity hasent changed simply because my passport expired????

I dont drive and my birth certificateis in germany somewhere, so how do I prove I have the legal right to work in the uk??

Surely there must be other documents you can provide?

any advice for me would be much appreciated!!!

After reading this topic in great detail I am still unsure as to the law on this subject.

The company I work for has asked every employee to provide evidence of eligibility to work in the UK. I have refused to allow them to take a copy because there is no written law to say they have the right to. Although it does recommend copies to be taken in the Home Office guideline booklet.

Its come to such a point now that I have received a written invitation to attend a diciplinary hearing where I could possibly loose my job over this.

So I think what Im asking is.... Do I have the right to refuse them a copy of my passport ? and do they have the right to demand a copy with threats of diciplinary ?

Some clarity would be very nice right now

*Brain hurts*

I can't provide clarity about your rights, but I would suggest that you make your own photocopy of your passport, blanking out any information that you don't wish them to retain. Then offer to show them your passport and let them keep the redacted copy as evidence that they have checked.

Or find a better employer.

I think when dealing with this situation we should always remember that this should not turn into you verses your employer. But should be you verses the government and so personally I would not recommend you losing your job over this. This will only harm you and your employer.

I would say your target should be the government. To do battle against them its probably best to have a job which brings you money, social standing and self confidence. Losing your job over an individual protest with your employer. I would say, will do little to help you personally or us collectively in the battle against ID cards and the database state. (unless this was part of an orginised protest where thousands lost thier jobs)

When my employer asked for my passport I realised I would probably capitulate in some manner. Which I did by taking in my birth certificate and evidence of my NI number. But I made sure that my employer knew that I was deeply unhappy about this and the reasons for it.

Then I got out my trusty pasting table (bought with the money I get from my job) and went to the town centre to campaign against the government.

So unless you really want to make a point and possibly lose your job. I'd recommend that you give them a copy of your passport. (as Geraint suggested) And save the fight for the government.

Become a Member of NO2ID, write to your MP about this, and to the papers. Also become an active member of your local no2id group or form a local group.

Best of luck.

@ impotentanger

Yikes. your problem sounds pretty serious. Can you get a new German passport? could you get a British one?, would you want one?

Like I say if you have no alternative but to use a passport then I guess thats what you have to do, to get employment. Doesn't mean you have to agree to it or not resent it. you just need to turn that resentment into more of a practical fight against the government.

become a member of NO2ID, join your local no2id group hand out leaflets
get folk to sign the petition.

According to the Asylum and Immigration Act 1996 (as amended at 1 May 2004) proving the right to work in the UK requires:

1 of

A passport showing that you are a British citizen, or have a right of abode in the UK.
A national passport or national identity card showing that you are a national of a European Economic Area (EEA) country 1 or of Switzerland.
A residence permit issued by the UK showing that you are a national of an EEA country 1 or of Switzerland.
A passport or other document issued by the Home Office which has an endorsement stating that you have a current right of residence in the UK as the family member of a national of an EEA country 1 or of Switzerland who is resident in the UK.
A passport or other travel document endorsed to show that you can stay indefinitely in the UK, or have no time limit on your stay.
A passport or other travel document endorsed to show that you can stay in the UK, and that, if you do not have a work permit, you are allowed to do the type of work that the University is offering you.
An Application Registration Card issued by the Home Office to an asylum seeker stating that you are permitted to take employment.

OR

1 of:

A document giving your permanent National Insurance Number and name.

This could be: a P45 or P60 issued by a previous employer, a National Insurance card, or a letter from a relevant Government Agency 2. (Please note that temporary NI numbers (beginning with TN), and numbers ending in a letter from E to Z inclusive, are not valid for this purpose.)

plus 1 of:

A full birth certificate issued in the UK, which includes the names of your parents.
A birth certificate issued in the Channel Islands, the Isle of Man, or Ireland.
A certificate of registration or naturalisation stating that you are a British Citizen.
A letter issued to you by the Home Office indicating that you can stay indefinitely in the UK, or have no time limit on your stay.
An Immigration Status document issued to you by the Home Office with an endorsement indicating that you can stay indefinitely in the UK, or have no time limit on your stay.
A letter issued to you by the Home Office indicating that you can stay in the UK and that you are allowed to do the type of work that the University is offering you.
An Immigration Status document issued to you by the Home Office with an endorsement indicating that you can stay in the UK and that you are allowed to do the type of work that the University is offering you.

Note that if for any reason the name given on the two documents that you supply is not identical, you will also need to supply a third original document to explain the reason for the difference. This could be a marriage certificate, divorce document, deed poll, adoption certificate, or statutory declaration.

OR

1 of

A work permit or other approval to take employment that has been issued by Work Permits UK.

Together with 1 of:

A passport or other travel document endorsed to show that you are able to stay in the UK and can take the work permit employment in question.
A letter issued to you by the Home Office confirming that you are able to stay in the UK and can take the work permit employment in question. [/quote]
So, by my reckoning, if you don't have a passport you would need

The evidence above once highlights the lie that is being perpetrated that there is a need to prove identity. In this case there is a need to prove entitlement to work in the UK by virtue of citzenship or the explicit granting of entitlement by legal entities with the legal power to do so.

I am currently employed and now my employer wants a copy of every page in the passport under the right to work act.

I cant find any thing under the right to work act that states every page in the passport needs to be copied.

Is this legal?

I was under the impression based on my reading of the various acts that the passport is required to demonstrate entitlement to work in the UK. That right does not depend on where you have travelled, which is the only thing the other pages of your passport would tell your employer. The page with your passport number, date of issue, photo etc should be all that is required. I would be inclined to ask your employer politely why they need this additional information given that they only need to have proof of your entitlement to work.

I am not a lawyer so can't give you a definitive answer as to whether they have a right to ask for that information as a condition of employment just as I have no idea whether they could ask for any other information (swimming certificates, your first school report etc). If you don't get a satisfactory answer to your enquiries then I would consult the CAB or an employment lawyer.

The point I was trying to make in the above is that there is a distinction between what they are required to ask for (proof of entitlement to work - the last page of your passport) and what they are permitted to ask for (the other pages, your swimming certificates etc etc)

I work for myself. I am a limited company, therefore I must be an employee of my limited company. I wonder when the Labour Inspectorate (aka DWP) will require my company to have copies of all the documents on file, just in case their employee turns out to be a wrong-un?

I use secretarial agencies when looking for work and they have been demanding my passport for copying for a number of years now.

I have for many years (since age 35) had difficulties with age discrimination which since October 2006 has been illegal. Up until at the least the mid 90s, there were never any requests for documents showing my age, and I and many friends in the same position simply did not reveal it. That way, we had no difficulty getting work.

The demands to see (and copy) my passport have meant that it has been nearly impossible to get work. I apply for a job or work through an agency on the basis of a CV that does not show my age or dates of school/college attendance. Yet, the minute I arrive I am asked by the receptionist to present my passport which is then copied. That should then be filed away. However, when I see the consultant or recruiter - who should have no need to refer to my passport - I am told that my age is a problem and whilst they are not ageist their clients are. I am asked questions such as how long I am expecting to work for and why I want to work. They do not ask women of child bearing age if they are going to have children or if they might be taking maternity leave.

I know all this is illegal but I would like to try and stamp it out. How do I do that? I have in the past, along with friends, written to various government (Labour) ministers but we have never received the courtesy of a reply to letters sent by recorded delivery. I am of working age and I feel that the main reason agencies are so keen to see the passports of applicants is age discrimination. In every other respect they are feckless and inefficient regardless of any law.

It already does. UK regulations rarely exempt companies on grounds of size.

glasgow city council have recently jumped on this bandwagon. Apparently they're due for some sort of audit by Border and Immigration Agency and they're in a panic in case they've employed someone they shouldn't. Fair enough you might say but I've worked for them (in the same place!) for 33years!!!! They've got my NI number and they've been taking tax and superannuation from me for every one of those 33 years so I think they must know who I am by now. I'm told that documents will be photocopied by clerical staff and copies kept in head office. I don't think is acceptable. It's wide open to abuse. As union rep in my workplace I've advised all my members to stand firm on this one and refuse to hand over documents.

Yes this is one of the reasons I made a fuss at work over handing over documents. I eventually handed over official NI number corresponence and birth certificate. Which I thought wouldn't be as bad as my passport details going missing or being abused.

I'm at a pretty small company. I imagine the possiblility of data theft at larger orginisations would be greater as more individuals would have access to it.

Well done for taking a stand.

Surely they must realise that the more copies of data swishing around in companies the more insecure the data is. Maybe as a union you can make a difference to this crazy policy.

Good Luck