ACoP: Guarding against illegal workers

The government has introduced a new Approved Code of Practice which guides employers through the difficult process of guarding against employing immigrants in an illegal manner. Section 8 of the Asylum and Immigration Act 1996 imposes duties upon employers to ensure that prospective employees are able to work in the UK.

The Approved Code of Practice assists employers by setting out the types of documents they should insist on seeing. One useful point is that the duty does not arise unless there is a firm offer of employment. Also, employers should have clear written documents setting out recruitment procedures on an equal opportunities basis. On the other hand, if candidates are to be asked for the information before a selection takes place then the information must be requested from everyone. Tribunals will be able to take the Code into account in evidence in deciding whether employers have acted properly.
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