Identity Check

[cbr1000]

Long time lurker.

I have a query with an identity check for a contract. My LTD company has two Working directors, myself and my wife. My Wife has just been offered a contract for a Bank though a large agency. This agency is requiring her to provide her original passport and other documents before she is allowed on site. The issue is that her passport is with the Home Office because she is getting a residency card in her passport. I am a EU Citizen and she is a non-eu citizen, therefore this is why she is getting a residency card. This application was submitted 2 weeks ago and therefore still have not been supplied by the home Office a letter stating that this application has been submitted. This can take up to 6 weeks to be sent out. She has a certified copy of her passport as performed by Royal mail.

However, this agency will not accept anything other than the original passport or a letter from the Home Office stating that they have her passport (but this will not come for up to 6 weeks). The agency is insisting that by law they need to check her identity because (here is the kicker) "We are employing her". We have been arguing that this is a B2B relationship and therefore our LTD will do this certification.

They will not budge on this fact that they need original documents. It seems this agent does not understand B2B relationships and thinks he is employing my wife. Can anyone point me to legislation so I can forward to the agent to get past this issue?

Any help would be appreciated.

[SarahL2012]

Try this.....

GUIDANCE ON THE CONDUCT OF EMPLOYMENT
AGENCIES AND EMPLOYMENT BUSINESSES
REGULATIONS 2003

Regulation 19 – Confirmation to be obtained about a work-seeker
Provides that an employment agency or employment business must not
introduce or supply a work-seeker to a hirer unless it has obtained
confirmation:
(a) of the identity of the work-seeker. This will mean seeing any
document which provides evidence of the work-seeker’s identity,
such as his/her passport, driving licence, birth certificate.By virtue
of regulation 32(6) this will extend to those persons provided
through limited company contractors, where the notice under
regulation 32(9)to opt out of the scope of the Regulations has not
been given;

I read this as they should be able to accept other forms of ID than just the passport (after all it isn't compulsory to have a passport), which might be a good starting point. I did try recently to say to an agent that if I decided to Opt out of the regulations then they wouldn't need to chase references from past clients because the opt out meant they weren't covered by the need to confirm my identity or experience. That fell on deaf ears - they both wanted all of the compliance type work that goes with an opted in worker, but with the benefits to them if I had opted out.

I don't see why you shouldn't be able to provide alternative forms of ID though if that gets things moving.

[cbr1000]

GUIDANCE ON THE CONDUCT OF EMPLOYMENT
AGENCIES AND EMPLOYMENT BUSINESSES
REGULATIONS 2003

Regulation 19 – Confirmation to be obtained about a work-seeker
Provides that an employment agency or employment business must not
introduce or supply a work-seeker to a hirer unless it has obtained
confirmation:
(a) of the identity of the work-seeker. This will mean seeing any
document which provides evidence of the work-seeker’s identity,
such as his/her passport, driving licence, birth certificate.By virtue
of regulation 32(6) this will extend to those persons provided
through limited company contractors, where the notice under
regulation 32(9)to opt out of the scope of the Regulations has not
been given;

I read this as they should be able to accept other forms of ID than just the passport (after all it isn't compulsory to have a passport), which might be a good starting point. I did try recently to say to an agent that if I decided to Opt out of the regulations then they wouldn't need to chase references from past clients because the opt out meant they weren't covered by the need to confirm my identity or experience. That fell on deaf ears - they both wanted all of the compliance type work that goes with an opted in worker, but with the benefits to them if I had opted out.

I don't see why you shouldn't be able to provide alternative forms of ID though if that gets things moving.

Thanks for that. They will only accept a birth certificate if she has a copy of the letter from the Home Office. I have argued, about passports not being compulsory and what do they do when someone does not have a passport and only a paper licence. The response I received was that because my wife’s birth certificate is not British, she will need to use a passport!

This is a joke, she has provided utility bills, photo copy of the passport, letter from the accountant and can provide a birth certificate but it is not enough!!

Looks like my wife will not be able to take this contract, they have already started to look for other people to fill the position as I have received a call from the very agency asking my availability for this role (we are in the same field). The agency is not even smart enough to realise we have the same surname and therefore may be related!

Cheers

[Wanderer]

this agency will not accept anything other than the original passport or a letter from the Home Office stating that they have her passport (but this will not come for up to 6 weeks). The agency is insisting that by law they need to check her identity because (here is the kicker) "We are employing her". We have been arguing that this is a B2B relationship and therefore our LTD will do this certification.

They will not budge on this fact that they need original documents. It seems this agent does not understand B2B relationships and thinks he is employing my wife. Can anyone point me to legislation so I can forward to the agent to get past this issue?

Welcome!

If the agency was employing your wife then they are required by law to do certain checks but strictly speaking, you are correct that the agency is not "employing" your wife and as such there may be no legal requirement for them to check her right to work in the UK.

This was discussed previously and the conclusion was that the agency are within their rights to make it a condition of the contract is that she produces original documents as proof of a right to work and the documents required may indeed be the exact same ones that she would have produced if she was an employee. You can argue that she's not an employee until you are blue in the face but this is neither here nor there and they may withdraw the contract offer if she cannot comply with their demands.

Bottom line is that it's a contractual issue, not a legal one. You are probably familiar with the guidance already but I suggest you have a read of the Home Office's Guidance for Employers and see if your wife can supply alternative original documents from List A and List B as per the rules. If so then present them to the agency with a copy of the guidance and see if they will accept that.

If that fails then your best bet is to speak to the Home Office and get her passport back....

[northernladuk]

Very indepth discussion including a crap load of links to relevant sites explaining why employers need to do this and what other documentation can be used here....

http://forums.contractoruk.com/busin...ssport-id.html

I don't want to be rude to the OP but you gotta open your eyes a bit. We have a serious problem with people working in the country who shouldn't be here and spend millions on trying to prevent/fix a problem that is just getting worse. What kind of system would we have if we were flexible enough to not need to see a passport and any old document would do. Really? You are in a situation, caught by rules to check people coming in to the country. You have to abide by them and prove everything is above board and it has to be done that way. There is no point throwing the teddy out of the cot and poo pooing the whole system just because it is your wife. It is a system, there for a reason so it needs following to the letter like everyone else has. I really don't see what is a joke about listing a whole host of things that can be very easily forged and the fact you think having the surname means anything?? Seriously?

Have a look in the thread I linked. There is some links to the sites showing other evidence that can be used.

[northernladuk]

Just a note if she is working for a bank, depending in what area, it is highly likely they will want to do a fairly in depth credit check as well. Agents forget to mention this or leave it until last minute as well so might be worth giving them a nudge to see what the score is about that as well.

[cbr1000]

Very indepth discussion including a crap load of links to relevant sites explaining why employers need to do this and what other documentation can be used here....

http://forums.contractoruk.com/busin...ssport-id.html

I don't want to be rude to the OP but you gotta open your eyes a bit. We have a serious problem with people working in the country who shouldn't be here and spend millions on trying to prevent/fix a problem that is just getting worse. What kind of system would we have if we were flexible enough to not need to see a passport and any old document would do. Really? You are in a situation, caught by rules to check people coming in to the country. You have to abide by them and prove everything is above board and it has to be done that way. There is no point throwing the teddy out of the cot and poo pooing the whole system just because it is your wife. It is a system, there for a reason so it needs following to the letter like everyone else has. I really don't see what is a joke about listing a whole host of things that can be very easily forged and the fact you think having the surname means anything?? Seriously?

Have a look in the thread I linked. There is some links to the sites showing other evidence that can be used.

Sure I know checks need to be made, she can/has provided all and more documentation they have asked. But they won't budge on the passport, pity those people that don't have a passport!

Also I can't believe that this agency considers contractors of LTD's as employees.

[cbr1000]

Just a note if she is working for a bank, depending in what area, it is highly likely they will want to do a fairly in depth credit check as well. Agents forget to mention this or leave it until last minute as well so might be worth giving them a nudge to see what the score is about that as well.

This is the funny thing, she has had and passed the credit check. This is with copies of her documentation, no originals necessary.

She is trying to get her passport back now, but it may not be quick enough for the client.

[Wanderer]

Sure I know checks need to be made, she can/has provided all and more documentation they have asked. But they won't budge on the passport, pity those people that don't have a passport!

Yeah, but how would a foreign national come to this country without a passport?

People who were born in the UK and don't have passport have the option to produce some alternative document Home Office's Guidance for Employers is pretty clear about that.

Also I can't believe that this agency considers contractors of LTD's as employees.

If they didn't then illegal immigrants could simply form LTD companies and hide their immigration status behind that and completely screw the system. Indeed, they could also disappear after a few years, not file accounts and not pay any tax either.

The agency just want to be sure that they are not finding work for people who have no right to work in the UK. They may not be strictly required to do these checks by law but there is a civil penalty of up to £10,000 per person for employing illegal workers and they are just erring on the side of caution to protect themselves and their client.

[Scrag Meister]

I presume you have rung the Home Office to check if some sort of communication on this matter is needed to avoid the loss of the contract?

What was the outcome of that call?

Or can they not confirm anything until there full process is complete.