Employing Staff from Abroad Policy

This Employing Staff from Abroad Policy outlines an employer’s approach to employing foreign workers, taking account of equal opportunity considerations and the requirement to recruit staff who are legally entitled to work in the UK. Employers can be prosecuted for employing an illegal worker where they have reasonable cause to believe that the worker does not have permission to work in the UK. It is the employer’s responsibility to make sure that employees and prospective employees have the right to work in the UK.

Employers should be aware that it is obligatory for employers to ensure that all employees, and not just those from outside the UK, can prove their entitlement to work in the UK. Employers should also remember that a failure to comply with the requirements of the Equality Act could lead to claims of race discrimination in an employment tribunal.

To verify an employee’s right to work, the employer must see and keep a copy of original documents specified in List A or B of the Home Office’s Right to work checks - employers guide. The employer could, as an alternative, use the Home Office online right to work service.

This Employing Staff from Abroad Policy covers the following areas:

1. Introduction;

2. Equality and Diversity/Equal Opportunities in Recruitment;

3. Monitoring Equal Opportunities, Equality and Diversity in Recruitment;

4. Points-based system;

5. Work Permits and Illegal Working;

6. Complaints Procedure;

7. Data protection.

Optional phrases/clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.

This document is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.

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