To establish a statutory excuse against a possible civil penalty, you need to see, copy and retain copies of the relevant documents BEFORE they start employment. A short birth certificate has not been acceptable to show entitlement to work in the UK since 30th April 2004, however, the P45 is an acceptable document. It is easy (and relevatively inexpensive) to get a copy of the long birth certificate - they can be ordered online from the GRO (www.gro.gov.uk).
The fact that he has started employment means that you have not fully established the excuse against a civil penalty if it transpires that he is working without the proper permission. However, if he is a British citizen, then you will not have any liability for a penalty.
Further information is available from the UKBA website via: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/preventingillegalworking/
Lynne, it's best to follow the rules and ask your employee to provide a full birth certificate; then you will have proof that you have followed the correct procedure should you ever need to provide evidence. I understand what David is saying about P45s but they are considered acceptable documents for this purpose.
Surely your answer is in the guidance statement you provide regarding birth certificate. Personally I would not go for the P45 as I have dealt with one or two cases in the past where these had been 'faked', albeit to conceal things other than nationality.
I have made an offer of employment to someone, a condition being that they provide proof of eligibility to work in the UK. The person doesn't have a passport so in line with the guidance, I have asked for: "A full birth certificate issued in the United Kingdom 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."
The person has brought in a basic certificate of birth which doesn't show a parents name. They have provided their P45.
I'm sure the person is genuine, however he hasn't provided documentation as stated above. Do I need to ask him to get a new birth certificate with a parents name on? He has already started work, is this an issue?
This is something I've never come across before, and would really value your comments.
Thanks
Lynne
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Member - 287 posts
Catherine pretty much beat me to it.
Good advice.
Member - 2 posts
To establish a statutory excuse against a possible civil penalty, you need to see, copy and retain copies of the relevant documents BEFORE they start employment. A short birth certificate has not been acceptable to show entitlement to work in the UK since 30th April 2004, however, the P45 is an acceptable document. It is easy (and relevatively inexpensive) to get a copy of the long birth certificate - they can be ordered online from the GRO (www.gro.gov.uk).
The fact that he has started employment means that you have not fully established the excuse against a civil penalty if it transpires that he is working without the proper permission. However, if he is a British citizen, then you will not have any liability for a penalty.
Further information is available from the UKBA website via: http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/preventingillegalworking/
Member - 8 posts
Thanks for your responses. I think you're right Alison, I've asked the guy to provide a full birth certificate.
Member - 5 posts
Lynne, it's best to follow the rules and ask your employee to provide a full birth certificate; then you will have proof that you have followed the correct procedure should you ever need to provide evidence. I understand what David is saying about P45s but they are considered acceptable documents for this purpose.
Alison
Member - 250 posts
Surely your answer is in the guidance statement you provide regarding birth certificate. Personally I would not go for the P45 as I have dealt with one or two cases in the past where these had been 'faked', albeit to conceal things other than nationality.
David
Member - 8 posts
I have made an offer of employment to someone, a condition being that they provide proof of eligibility to work in the UK. The person doesn't have a passport so in line with the guidance, I have asked for: "A full birth certificate issued in the United Kingdom 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."
The person has brought in a basic certificate of birth which doesn't show a parents name. They have provided their P45.
I'm sure the person is genuine, however he hasn't provided documentation as stated above. Do I need to ask him to get a new birth certificate with a parents name on? He has already started work, is this an issue?
This is something I've never come across before, and would really value your comments.
Thanks
Lynne