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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? When taking steps to guard against illegal working does an employer risk being accused of race discrimination? Is a transferee able to rely on assurances from the transferor that it carried out the necessary checks on the transferred employees' immigration status, or must it carry out its own checks?
It is important to ensure that no job applicant is rejected because of his or her appearance, colour, accent or foreign-sounding name. Employers may wish to include a statement with all letters sent out inviting job applicants to interview that they will require documentary evidence of their right to work in the UK. In this way they can ensure that no job applicant is singled out for different treatment on the grounds of race.
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