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 Post subject: Employer Documents check
PostPosted: Mon, 06 Jun 2011 18:46:37 +0000 
HI all I have been asked by my employer to bring in proof of my right to work in the UK. Considering I was born here I find this request abit annoying to say the least, but hey what can I do. So I have decided to provide my NI number card and birth certificate which is an acceptable combination according to the legislation.

The problem is I gave them a copy of my birth certificate when I started the job and only brought my NI number card to the document check interview they arranged. When I said that I had already provided a copy of my birth certificate they wouldn’t accept it unless I provided both documents together. I just don’t see the logic in this, they want 2 copies of my birth certificate side by side in my file WHY? Does anyone know if it is a legal requirement to see both documents together?. Is this just a case of HR being silly?

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 Post subject: Re: Employer Documents check
PostPosted: Mon, 06 Jun 2011 19:16:04 +0000 
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My guess is that they want to see both documents together to reduce the "risk" that you are trying to fake your identity. I am not an employment lawyer - or even a lawyer - but I would imagine that this is a recruitment policy that they need to see them together. Ultimately, though, whether there are legal requirements to see documents together is immaterial if you want the job and they say you need to provide the documents. I have been asked to provide original exam certificates in the past - there's no legal requirement to do so but I wasn't in a position to say "you have no legal requirement to ask for this". If you did object and they said "why can't you bring the document in again, given that we already have a copy" what would you say. I am not taking sides on this, I am just trying to be pragmatic.


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 Post subject: Re: Employer Documents check
PostPosted: Tue, 07 Jun 2011 13:14:54 +0000 
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OP is already in work, so the "provide both together if you want the job" is irrelevant. Also, as there is already a copy of one of the two forms of identification agreed on file this is indeed HR being silly.

Point of note: there is no legal requirement for copies to be made in the first place. There is a requirement for documents to have been viewed in order to verify identity, but unless there is a verifiable secure store for the copies you are fully within your rights to refuse copies being taken.

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 Post subject: Re: Employer Documents check
PostPosted: Tue, 07 Jun 2011 15:50:03 +0000 
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My mistake re already being in employment. However, I still think there is a degree of pragmatism here. HR may be 'being silly' but it's a question of how far one wants to push it. I think my annual appraisal is silly but I have to go through the process. Equally, there may be no legal requirement for copies to be made but if HR turned round and said they will be kept in a locked filing cabinet and only seen by the employee and HR, what benefit would be gained from refusing. If HR asked "why don't you want to provide a copy again" what would a pragmatic response be. There's no legal requirement for my annual appraisal but I don't think it would do me much good to refuse to participate.


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 Post subject: Re: Employer Documents check
PostPosted: Wed, 08 Jun 2011 09:19:32 +0000 
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Thanks for the replies.

just a few points here. i don't currently have a birth certificate so it will cost me £14 to get one, that's one reason why i think it is daft to provide it again cause it's going to cost me.

secondly I think there's a bit of a difference in an annual appraisal and this situation. your company is assessing the standard of your work or your development, not your right to work for them or weather you have a right to work in the UK. to be honest I think its a little bit of the this political correctness gone mad again the only reason there asking me is cause they cant just ask people who look or sound foreign.


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 Post subject: Re: Employer Documents check
PostPosted: Wed, 08 Jun 2011 11:59:38 +0000 
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Quote:
just a few points here. i don't currently have a birth certificate so it will cost me £14 to get one, that's one reason why i think it is daft to provide it again cause it's going to cost me.

I guess the challenge here is that if you explain to them that you don't currently have one when you had one before it may raise concerns? Ultimately, though, there's logically no difference between you giving them the two documents one at the beginning of an interview and one at the end and you giving them one document 4 weeks ago at the interview and 1 document today. However, as I said, if they say that's what you have to do to comply with their policies then you have a choice: comply with their wishes or accept the consequences for employment.
Quote:
secondly I think there's a bit of a difference in an annual appraisal and this situation. your company is assessing the standard of your work or your development, not your right to work for them or weather you have a right to work in the UK. to be honest I think its a little bit of the this political correctness gone mad again the only reason there asking me is cause they cant just ask people who look or sound foreign.

The point I was trying to highlight was that this isn't a legal issue: it's a policy issue. I work in local government and I had to provide a birth certificate, passport and copies of my degree and A level certificates. There wasn't a legal requirement: it was a policy in place. The motivations may well be to ensure that they aren't seen to discriminate by demanding proof of entitlement to work in the UK from everyone and I may think that's 'political correcness gone mad' but either I think it's political correctness worth paying to get the job or I don't.


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