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Right to Work Audit

Hi All

This is my first time posting on the community pages, so I'm hoping someone can assist.

I am completing a Right to Work Audit in preparation of Brexit. My organisation does not hold and hasn't always checked employees Right to Work documents since starting the business in 2010; when it has, the wrong identification has been reviewed. 

I have therefore requested those with no documentation or incorrect documentation to provider their passports (or alternatives), which for the most part, employees are happy to do. However, I have one employee who is willing to show me their passport but refusing to allow me to keep a scan or copy. The employee in question has been with the organisation 6 years and I believe that I do have the right to ask for their passport and take a copy to comply with UK Right to Work checks.

Does anyone know if I am correct in this or whether the employee has the right to refuse a copy of his passport being taken?

Thanks

Vicky

320 views
  • I believe you are correct in that you MUST have/keep a copy - its ultimately your proof!! The immigration authorities won't accept your word that you 'saw it once' - will they. You may just also wish to remind him that the copy is taken in compliance with the law and that its storage is compliant with the GDPR/.

    And my apologies for not welcoming you to our community/'''''''' :-)
  • In reply to David Perry:

    Hi and welcome from another David, Vicky.

    I agree that the employee is in effect refusing to provide legally-required right to work evidence. So, they might be informed that they have a simple choice: either provide the required evidence and allow a copy to be made or face disciplinary proceedings that will ultimately lead to dismissal for some other substantial reason. See for example

    united-kingdom.taylorwessing.com/.../fair-dismissal-where-no-evidence-of-right-to-work-in-the-uk
  • In reply to David Perry:

    Thanks David

    I'm very grateful that you took the time to offer some advice and a sanity check on my own understanding.
  • In reply to David:

    Thanks David! I will definitely be pushing back to the employee.

    The idea of some other substantial reason is something I am only just learning to apply via my L7 studies, so some context has been very helpful! Thanks for the link!