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My Employer wants a copy of my passport? Why?
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My Employer wants a copy of my passport? Why?

Hello. I have been a barman at a bar in Hove (Brighton) now for seven years. I am a British Citizen born and bred. I have a National Insurance number and pay tax via PAYE. My questions is this; My Employer has asked me and everyone else who works for this bar and others in the small chain of bars, for a copy of our passports. 1) is this a legal requirement? 2) Why do you think they have asked me for this? 3) Can I refuse? Any help would be appreciated. Thank you.
Additional Details
As I have a NI Number and pay tax via PAYE, surely this proves my eligibility to work?


    




KJ
It is standard procedure in the current employment climate following changes to employment law made 2-3 years back, whereby an employer risks having action taken against them if they do not ensure that their employees are permitted to work in the UK and also keep a record of how they have checked employees eligibility to work in the UK.

The company I worked for at the time the rules changed took a copy of everyone's passport and, where applicable, copies of work permits so as not to discriminate against anyone. If an employee or potential employee doesn't have a passport which proves right to work in UK, there are other documents which should be provided (long birth certificate and something else).

Of course you can refuse, but if you have nothing to hide why would you?

EDIT: TEXT TAKEN FROM http://www.businesslink.gov.uk/bdotg/action/detail?r.l1=1073858787&r.l3=1073981874&type=RESOURCES&itemId=1073791948&r.l2=1079568262&r.s=sc

It is a criminal offence to employ anyone subject to immigration control who is aged 16 or over and who doesn't have permission to work in the UK or to do the type of work that you're offering. The maximum penalty is currently £5,000 per illegal employee on summary conviction in a magistrate's court. However, there is no upper limit to the fine imposed by a Crown Court following indictment.

Under the Asylum and Immigration Act 1996, an employer is defined as a person who employs an individual under a contract of employment. This can be a contract of service or an apprenticeship. The contract can be expressed either orally or in writing. Before you enter into a contract of service with a new employee, you will need to check their entitlement to work in the UK in order to establish a defence against conviction.

Check and keep a record of original documents confirming an individual's entitlement to work in the UK before employing them. Specified documents, if seen and photocopied or scanned using Write Once Read Many technology, such as a CD-R, may provide employers with a statutory defence.

There are two lists of documents that provide a statutory defence against conviction for employing an illegal migrant worker. The first list is of documents, which includes certain types of United Kingdom passport, that provide a defence as standalone documents. The second is a list of documents that provide a statutory defence against conviction in combination with another document, such as a P45 together with a certificate of registration or naturalisation as a British citizen. Find these lists and further guidance outlining reasonable steps you should take when checking documents on the Border & Immigration Agency (BIA) website.

And if you go http://www.bia.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/preventingillegalworking/ and click on comprehensive guidance you will find a list of all documents which can be accepted if the individual does not have a passport, such as a full birth certificate.


vamedic4
Rating
A passport is a legal document used to prove citizenship and for other reasons as well. Passports are generally hard to duplicate (falsify) unlike other forms of ID. It is legal to require you to provide it if you have one, because in order to get it you had to provide official identification.


Pinky S
Rating
Fairly standard these days I think - it's to show your nationality/ that you have permission to work in this country.
Edit - I'm going to edit to add this because some of the other answers you're getting are very misleading.I've been interviewing for a new job this past month and every single employer has asked me for my passport or similar document. It is not dodgy it is STANDARD PROCEDURE.


Cari
All employers in the UK are required by law to ask for your passport as proof of eligibility to work in the UK. Perhaps that law has come into force within the last seven years and that's why you've never been asked before, but they are definitely supposed to ask. If you don't comply and give it to them, they can terminate you, as they can argue that they can't be sure that you are legally allowed to work in the UK. If they were found to be employing illegal immigrants, the penalties would be severe.

No, having an NI number and paying PAYE does not prove that you have a legal right to work here. If you've ever had the right to work in the UK, then you'll have an NI number, but just because you once had the right doesn't mean that you still do now. As an example, an Australian that came to UK on a Working Holiday Visa would have an NI number, but eventually that visa is going to expire and they won't have a right to be here. Of course you pay PAYE, it's deducted from your paycheck by your employer, so once again this does not signify a right to work here.


Bardic
It's a common thing these days, basically to prove your identity and citizenship, thus proving your right to work here. I expect the company has formulated this to be a company-wide requirement. The usual technique is for you to take your passport in, keep it in your sight and let them take a photocopy and hand it back. At least, that's the way I'd do it. It's just so they can prove to the powers that be that they have checked their employees' right to work here, if need be.


Just Meeeee !!! : )
Hi,

I work for a HR company and it is required legally, i think the law has just been applied.


fengirl2
Rating
Under the Asylum and Immigration Act 1995, employers are required to obtain proof that everyone they employ has the right to work in the UK. In order to treat everyone the same, they have to ask everyone for this info, even if they are clearly British. There are other documents which you can produce to prove your right and these are probably listed on some website somewhere.
One thing is clear however - it is unlawful to photocopy a Uk passport. Your employer can look at the passport if you bring it to him and then note down that he has seen it, but he may not photocopy it.


Adze
Rating
What with illegals working in such work as yours it is understandable they want proof,maybe they have had a directive from the Workers & Penstions to do this and they want proof of employees.You can ask when giving your
copy of the passport.Nothing sinister in the request.


claude
It's not a legal requirement, but quite normal in my experience, as it provides evidence of citizenship and work rights (i.e. whether you're European or not & whether or not you have a visa). It also provides them with legal photographic ID to prove that you are who you say you are. I think they're probably just covering their backs, maybe worried about someone there working illegally (as some people have been given NI numbers who shouldn't have them) or someone committing some kind of fraud. You can refuse, but if sacked, a tribunal probably wouldn't accept this as an unlawful dismissal. My employer has a copy of my passport as proof of ID and as part of obtaining a CRB check, which wouldn't be necessary for your job.


chocoholic!
Rating
Ask your employer to clarify why he wants it. You could ask the Citizens Advice Bureau for further help & advice too.


Francis G
He is probably making sure you are not an illegal (i hope) I would offer to show him your passport in your presence but no copy. Better still just say you don't have one. Identity theft is a real danger to you or worse if used abroad to get a replacement passport etc, yes i would be worried


gill c
Rating
This is to verify your citizenship. Most companies ask for this type of information.


uknative
Documentation proving eligibility to work in the UK is a legal requirement and whilst a British Passport would require no further proof, a National Insurance card requires a second document to back it up, ie., your birth certificate. They should have asked for this documentation when they first decided to employ you, but many bar owners have been lax on this point. As for the reason, it's because new measures to prevent illegal working come into force on 29 February 2008 and fines for employing 'illegals' will be unlimited in amount, with the possibility of inprisonment - this has no doubt raised awareness and made employers 'edgy'. Some UK employers carry out a full ID audit once a year, when employees are required to bring in their ID, which managers check against their records. They find this to be a useful discipline for keeping records up to date. It's also a requirement that ALL staff be treated the same, ie., no discrimination should be shown. This is from the Government website (link below): 'Employers ........... need to make sure that no one they employ is working in the UK illegally. However, to protect themselves against discrimination laws, they should treat all job applicants equally. So don't be offended if you're asked to prove your nationality, even if it's 'obvious'. Even UK nationals will be asked to provide proof of their nationality.' If you visit the second site, you will see that employers are recommended to make copies of documents (these will be kept in your Personnel file); this will ensure that they have followed correct procedures and that all employees are 'legal' should any Government official make a random check on a firm's employees. In answer to your question regarding refusal, if you offer sight of your Birth Certificate instead of your Passport, it would seem that you would be within your rights. (Personally, I would find that less attractive!).


DYomi
Rating
Yes it is a legal requirement, your employer is liable up to £5000 if he doesn't have proof of your identity at time of employment.

I wouldn't be concerned, all employers are required to verifiy identity of ALL employees whether black, white or brown, British or otherwise.

Providing a copy of your bio page yourself and let him check against your passport should be sufficient, this way you don't part with your passport.


Small Business Advisor
Rating
This has to do with the employer completing a required Government document.

Employers are required to have new employees complete
the I-9 application which confirms an employees' ability to work in the US. This form must be completed within 3 days of the employer bringing you on board.

Part of the requirement is for two forms of identification from the potential employee. This is something that the employer MUST do our be held liable. There are sets of documents that are required and one set requires a valid Passport.

If you do not have a Passport or don't feel comfortable using it, ask the employer what other identification you can provide in order to proove your eligibiliy to work in the U.S. Again, the I-9 has a large range of documents that can be used to fullfill this purpose.

I'm sure this is what the employer needs this for.


kendra26uk
Rating
Forget some of the answers here, as they may be wrong.
Contact ACAS now about it. What happens if you have never applied for a passport?? lol it happens lol and surely if it's to prove you are eligible to work in this country then what does happen if you have never needed to travel and have no passport?? LOL something similar happened with my hubby.
08457 47 47 47
www.acas.org.uk
They are fantastic and have helped me and my hubby so much in the past in regards to employers "rules"
Good Luck!


Nick the greek
They are gonna steal your identity and most likely kill you and discars your body


Josh Mitch
I Would Defeinetly refuse if he gets hold of your passport then he can get loads of info on you


random
don't give it to him he probably use it for himself so it's not safe just don't give him a copy.


Swaminathan P
Rating
if you are an immigrant, you are suppose to give a copy of your pass port, valid visa, work visa, employment permit, etc.,

if you have the nationality in a country where you work, you need not to give pass port.

with a copy no one can do anything - if you have any suspicion, mark the paper as copy - not transact-able.

one should understand that an employer has certain statutory obligation to know about the employee, customers, etc., and it is quite but natural that the employer ask certain basic details about employees. If they don't get equipped with all the particulars about their employees, at times they have to face penal actions from Home Department.

Let us understand others responsibilities.

In this case I don't see any wrong intention on your employer.


Steven S
Ask him if you can submit a photocopy and score out your passport number.

Its a bit strange why he asked you for it, Your passport is your identity. So why should he want to get a hold of it?

Id find a new job.


Katy Chaddha
No way...they can not be trusted...well my employer can not be trusted. They have already broked the ' Protection Act 1978 ' law but a member of HR staff gossping about other member of staff personal details to other member of staff. I have wrote to them and asked them why they let it to happen? but I never got an answer to my question. They should not be trusted ......unfortuntely,they are you are employer and think they are above you. No do not give it to them just tell them you have not got it.





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