As BCC is still the legal employer for LEA schools who do not buy BCC’s Payroll service, the schools are responsible for conducting the correct checks according to the relevant guidelines – if BCC should be audited by the Home Office the schools may need to make this documentation available.
It is illegal to employ somebody who has no right to work in the UK. The employer has a duty to check appropriate & acceptable forms of ID for each new employee (prior to the individual starting work) to establish nationality and evidence that they are legally entitled to work in the UK. This is referred to as “Right to Work”. The law on preventing illegal working is set out in the Immigration, Asylum and Nationality Act 2006.
The employer must carry out the check before the person starts work to establish a ‘statutory excuse’ (legal defence) against liability to pay a civil penalty if found employing an illegal worker. Non-compliance with these checks and if found employing an illegal worker could mean a Civil penalty and/or Criminal charges.
To ensure that recruitment practices do not discriminate against anyone because of their race or nationality these checks are carried out for every prospective employee.
All employees need to provide original documentation to evidence their ‘Right to Work’. ‘Right to work’ documentation (described as Asylum & Immigration or “A&I”), differs from what is required for DBS.
If employees change roles within the same school and have no break in service (continuous service) then documentation for right to work previously supplied can be used.
If an employee’s temporary leave to remain expires and they wish to remain/continue working in the UK they are required to apply for renewal of immigration status in good time according to the relevant Home Office guidance. For LEA schools who do not by BCC’s Payroll service the school should liaise with the employee and ensure that the necessary process is completed and necessary paperwork obtained to ensure continued evidence for right to work until new immigration status is received.
BCC can only offer sponsorship for schools where we have a statutory responsibility as the Local Education Authority and the schools buys BCC’s Payroll service.
Contact: HR Service Desk 01296 382233 email@example.com