HR Update - ID checks apply to everyone

Checking the identity and credentials of people before employing them is an essential but sensitive task. It must be carried out for all employees; only carrying out checks on people you believe not to be British citizens could open you to accusations of discrimination.

The Government's code of practice has statutory force and may be taken into account by courts and tribunals. I would advise all employers to include it as part of their best practice. It advises employers to:

• Check all prospective workers' right to work in the UK and take copies of documents. Where an individual has a limited right to remain, this exercise should be repeated to give the employer a 'statutory excuse' if any employee is subsequently found not to have the right to work in the UK.
• Have 'clear written procedures for the recruitment and selection of all workers, based on equal and fair treatment for all applicants'.
• Not treat anyone less favourably if he or she has a time-limited right to work in the UK. Once the person has demonstrated a time-limited and an ongoing right to work, they should not be treated less favourably in terms of employment, opportunities for training, promotion, benefits, facilities or services, or by being dismissed or subjected to any detriment.
• Not question an applicant or worker's immigration status unless necessary to determine: whether their status imposes limitations on the number of hours they may work each week; the type of work they may carry out; or the length of time they are permitted to work.
• Not make assumptions based on an individual's appearance, accent etc, or if an individual is unable to produce documents to demonstrate a right to work in the UK. You should instead provide him or her with a reasonable opportunity to provide evidence of a right to work (while keeping their job open for as long as possible).

It is important to get this right, as there is a stiff penalty for employing an illegal worker - the maximum civil penalty is £20,000. And, if you are found to have 'knowingly employed' an illegal worker, you could be jailed for up to two years and receive an unlimited fine.

Jacqui Mann is managing director of HR4 Nurseries, www.hr4nurseries.co.uk.