They DO NOT need to hold a copy of your passport if you are opted out.

[Ardesco]

Just thought I would highlight this as every time I exercise my right to not have an agency take a copy of my passport I seem to be wither not believed, told I'm breaking the law or just generally given the run around and then have to prove that the agency's legal team doesn't really know what they are talking about (and it's starting to wind me up).

If you get told that an agency needs to have a copy of your passport by law after you have opted out they are lying (quite possibly through ignorance, but it's a lie nevertheless).

The usual excuse is that they are bound by the conduct of employment agencies and employment business regulations 2003 to get a copy of your passport and that they still have to do this even if you have opted out.

This is not true

Regulation 32(9) provides that limited companies and those persons
whose services they supply can choose not to be covered by the
provisions of these Regulations. If they do exercise the choice not to be
covered by the Regulations, then both the limited company and the
worker to be supplied must give notice, to the employment agency or
employment business that this is the case, before they are either
introduced or supplied to a hirer.
Where the limited company contractor and the person supplied to do the
work decide to exercise their right under regulation 32(9) to opt out of the 34
scope of the Regulations and they give the requisite notice to the agency
or employment business, the opt out operates so as to remove the
limited company contractor and the worker to be supplied entirely from
the scope of the Regulations. The opt out is not selective, none of the
provisions of the Regulations will apply where the opt out has been
exercised.

Just thought I would get this out there as the majority of contractors seem to be blissfully unaware that they are being diddled and with some of the stories floating around on these boards about agencies and umbrella companies that have been trading whilst insolvent and diddling contractors, are you sure you want them to have a copy of your passport lying around insecurely in some file somewhere?

[malvolio]

Yep, quite correct. Are you going to tell the agencies or shall I? You'd think after five years they might have realised this already...

[SueEllen]

The copies most agencies take are useless anyway as how they get the them doesn't comply with the law.

If you could be bothered you could quite easily swap the photo with one of your mates or a random stranger, and change some of the details on the passport........

[Mr.Whippy]

Just tell them you don't have a passport... simples

[The Agents View]

You Sir, are EXACTLY right. We DO NOT NEED to hold a copy of your Passport if you are opted out.

However.....

If part of my service offering is to be able to prove your eligibility to work in the UK, prior to starting with my client, then you are NOT starting until I get that proof. That's the end of the conversation. If you don't have anything to hide, then why would you refuse to show your passport, and allow me to take a copy so that I can show due dilligence if and when I'm asked?

I agree, that arguing that you are breaking the law, is wrong. But making sure that a client is not at risk, by providing another checking point, and therefore a level of protection, is just good due dilligence.

I'm not fussed as to whether you agree with the above, I don't even care if the law states this and that - the reality, is that if you refuse to provide a copy of your passport, you won't be getting the contract - end of.

[darmstadt]

Surely if the contractor has got to the point of an interview then all they need to do is take their passport along to the interview to show the client that they are eligible to work in the UK thus cutting out the need for the agent to have a copy.

[TykeMerc]

To be fair TAV with your insistence on "checking references" the majority of posters on here would blow you out way before a contract offer as a fisherman, the point is moot.

The only time I've ever agreed to provide sight of my passport to an agency was when they did a BPSS and then it went direct to their Security officer.

[AnthonyQuinn]

Surely if the contractor has got to the point of an interview then all they need to do is take their passport along to the interview to show the client that they are eligible to work in the UK thus cutting out the need for the agent to have a copy.

its the agent's job to check eligibility. not the client's. In fact its your own limited company's responsibility. The client isn't employing you. Its none of their business if your company's employees are legally employed or not.

[Jubber]

I have to agree with TAV here. Making a fuss about someone photocopying an identity document just slows things up. You'd never get a gig at a bank if you didn't prove who you are. What's the matter with taking down your passport so the whole thing is a lot smoother? If it is mega-agency.com I've never worried. Some bloke in a virtual office who works off a mobile .... now that would be different, I'd take something else.

I agree with what the OP says, but if I want work I have to weigh up what is best for me getting that work rather than making a fuss to prove a point. Nipping in to the agent to say hello and let him/her copy your passport is no problem IMO.

[The Agents View]

To be fair TAV with your insistence on "checking references" the majority of posters on here would blow you out way before a contract offer as a fisherman, the point is moot.

The only time I've ever agreed to provide sight of my passport to an agency was when they did a BPSS and then it went direct to their Security officer.

Here, our contracts are not released wthout a copy of the passport - it's as simple as that. If you don't like that, then we'll not be working with you.

Similar with references after the point of engagement - if they're not on file, you're not getting your contract.

The references I check, are used as sales tools for you, and taken when necessary - they're different - they're the things I'll take if I feel your CV is not strong enough to pick-up a role on its own. In that case, I also provide you with that reference.

The point is - these are the agents contracts, the agents clients - as strong as your argument for not giving sight of your passport is, the reality is that the law does not state that we can't take away the contract if you fail to provide the information we require.

And that, is the end of the matter ultimately.....