Right to Work Policy

INTRODUCTION

All employers have a legal obligation to ensure that their employees have the right to work in the United Kingdom. This is controlled by the Immigration, Asylum and Nationality Act 2006 (“the Act”) and subsequent secondary legislation. It is an offence to employ a person who is not entitled to work in the UK and Planterra (including Blue Iris Landscapes Ltd., Harker’s Estates, Prohort Ltd. and Japanese Knotweed Expert Ltd.) has a duty to check that all new employees are entitled to work here.

This check gives Planterra an excuse against payment of a civil penalty or a defence against conviction if it is later found to have employed an illegal migrant worker. Under the Act, employers are liable to payment of a civil financial penalty if they employ a person aged 16 or over who is subject to immigration control and who has no permission to work in the United Kingdom, or who is in breach of their conditions of stay in the United Kingdom. If it is proved that an employer has knowingly employed an illegal migrant worker there is the possibility of prosecution, an unlimited fine and a maximum two year prison sentence.

GENERAL PRINCIPLES

All external job applicants will be required to produce the necessary original documents (photocopies are not acceptable) which employers must check in accordance with the Act. The onus remains on the potential employee to demonstrate that they are permitted to do the job Planterra is offering and are eligible to work in the UK.
To ensure we do not breach immigration legislation, Planterra will check and record certain specified documents belonging to potential and existing employees. The required documents are set out in List A and List B of the UK Border Agency’s guidance notes (included below in Appendix 1); these lists will be provided to all potential employees and are available for inspection by all employees through the HR department. These checks must be made before a person starts working for Planterra and once every twelve months during employment thereafter for those who have only provided List B documents.

In complying with our obligations under immigration rules, special care must be taken to ensure Planterra does not unlawfully discriminate against individuals on racial or ethnic grounds or in respect of any other protected characteristic under equality legislation. This policy should be read in conjunction with our policy on diversity in the workplace and Planterra’s recruitment procedures. Any Planterra employee who fails to comply with the correct procedures as set out by each operating company may be subject to disciplinary charges. Any employee who is subsequently found not to have the right to work in the UK is liable for summary dismissal

 

 

 

Appendix 1 – Right To Work Documents

List A
1. A passport showing the holder, or a person named in the passport as the child of the holder, is a British citizen or a citizen of the UK and Colonies having the right of abode in the UK.
2. A passport or national identity card showing the holder, or a person named in the passport as the child of the holder, is a national of a European Economic Area country or Switzerland. 3. A Registration Certificate or Document Certifying Permanent Residence issued by the Home Office, to a national of a European Economic Area country or Switzerland.
4. A Permanent Residence Card issued by the Home Office, to the family member of a national of a European Economic Area country or Switzerland.
5. A current Biometric Immigration Document (Biometric Residence Permit) issued by the Home Office to the holder indicating that the person named is allowed to stay indefinitely in the UK, or has no time limit on their stay in the UK.
6. A current passport endorsed to show that the holder is exempt from immigration control, is allowed to stay indefinitely in the UK, has the right of abode in the UK, or has no time limit on their stay in the UK.
7. A current Immigration Status Document issued by the Home Office to the holder with an endorsement indicating that the named person is allowed to stay indefinitely in the UK or has no time limit on their stay in the UK, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.
8. A birth (short or long) or adoption certificate issued in the UK, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.
9. A birth (short or long) or adoption certificate issued in the Channel Islands, the Isle of Man or Ireland, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer. 10. A certificate of registration or naturalisation as a British citizen, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.

List B Group 1
1. A current passport endorsed to show that the holder is allowed to stay in the UK and is currently allowed to do the type of work in question.
2. A current Biometric Immigration Document (Biometric Residence Permit) issued by the Home Office to the holder which indicates that the named person can currently stay in the UK and is allowed to do the work in question.
3. A current Residence Card (including an Accession Residence Card or a Derivative Residence Card) issued by the Home Office to a non-European Economic Area national who is a family member of a national of a European Economic Area country or Switzerland or who has a derivative right of residence.
4. A current Immigration Status Document containing a photograph issued by the Home Office to the holder with a valid endorsement indicating that the named person may stay in the UK, and is allowed to do the type of work in question, together with an official document giving the person’s permanent National Insurance number and their name issued by a Government agency or a previous employer.

List B Group 2
1. A Certificate of Application issued by the Home Office under regulation 17(3) or 18A (2) of the Immigration (European Economic Area) Regulations 2006, to a family member of a national of a European Economic Area country or Switzerland stating that the holder is permitted to take employment which is less than 6 months old together with a Positive Verification Notice from the Home Office Employer Checking Service.
2. An Application Registration Card issued by the Home Office stating that the holder is permitted to take the employment in question, together with a Positive Verification Notice from the Home Office Employer Checking Service.
3. A Positive Verification Notice issued by the Home Office Employer Checking Service to the employer or prospective employer, which indicates that the named person may stay in the UK and is permitted to do the work in question.