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Martin Newlan
Member - 34 posts
We have recently had to resort to an agency to provide kitchen porters and cleaners at short notice to cover absences. This is a recurring if short term problem for us.
Do we have a duty to check that the staff the agency provides are entitled to work in the UK in the same way that we would if they were our employees? The agency verbally confirms that they are, but we see no documentary proof.
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Don Searle
Member - 19 posts
The agency's workers may well be supplied under a contract for services rather than a direct employment contract... in which case you need to read the small print in their terms of business. It is possible that they would be considered as your employees, with the consequent liabilities. Good agencies will retain copies of documentary proof of a temporary worker's legal right to work in the country and should have no qualms in making this available to you on request. As in most cases, it boils down to the strength of your business relationship with them... do you trust their verbal confirmations?
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Brian Gegg - Kennedys
Online advisor - 5 posts
Martin
I am not an immigration specialist but my understanding is that S8 Asulum and Immigration Act applies only to those persons who you are employing. The question in your case ( although never easy to answer ) is whether St Catherines is the true employer of the staff or if the agency is the employer. From what you have said it sounds like the agency is the employer. Even then it would be prudent to get written confirmation from the agency as to immigration status of workers provided or at least keep a proper attendance note of conversations.
Regards
Brian Gegg
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Jenny Poynter
Member - 4 posts
Martin,
As a company that uses agency workers on a regular basis, we audit our agencies for proof that they are not using staff that they are not legally entitled to work here. They keep copies of all of the documentation that the temporary worker has supplied and confirm to us in writing that they have checked eligibility to work. Perhaps your company may benefit from doing something similar.
Regards
Jenny Poynter
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