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Browse frequently asked questions and answers on key HR issues. Navigate by topic or key word search. View latest additions or suggest a question to the XpertHR editorial team.
Is it an offence to employ a foreign national who is subject to immigration control?
Does the Immigration, Asylum and Nationality Act 2006 apply to the employment of all non-UK citizens?
Is it lawful to ask a job applicant if he or she requires permission to work in the UK?
What steps must an employer take to ensure that a foreign national has the right to work in the UK?
Is it the responsibility of the employer to require existing employees to produce documentation relating to their immigration status?
Yes, great care needs to be taken not to treat candidates of
foreign nationality unfavourably in the recruitment process. In February 2008, a
"Code of practice on the avoidance of unlawful discrimination in employment
practice while seeking to prevent illegal working" was introduced. Although the
code is not legally binding, a failure to observe it may be taken into account
by an employment tribunal in its assessment of a complaint of race
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