EU Accession: New Worker Registration Scheme - Employment Law News Summer 2004

01 July 2004

On 1 May 2004 changes were made to the documentary checks to be made by employers, under the Asylum and Immigration Act 1996, of every person they intend to employ. The checks are intended to ensure that prospective employees can work legally in the UK. Failure to follow these requirements could amount to a criminal offence.

Also on 1 May, ten new states joined the European Union. Their accession has a particular impact for employers, resulting in a new worker registration scheme applicable to nationals from eight of those ten new member states (the exceptions being Cyprus and Malta). Nationals from these eight countries must, in most circumstances, register with the Home Office under the new scheme, for at least their first 12 months working in the UK.

Nationals of Malta and Cyprus are to be treated in a similar way to nationals from the existing member states and do not need to register to work.

The Worker Registration Scheme potentially applies to all affected nationals who start a new job after 1 May 2004. Responsibility for registration rests with the employee but the employer is responsible for ensuring that it is authorised to employ the worker. An employer is protected for the first month of employment. During this period the employer should ensure that the employee applies for registration, preferably on commencement of employment. The employer remains protected throughout the registration process and after the registration certificate is issued.

The employee’s application for registration is straightforward, is to be supported by a letter from the employer confirming employment and must be made within one month of the start of the job (workers in a job for one month or less do not need to register). The employer should receive a registration certificate confirming permission to employ the individual.

There are exceptions to the requirement for registration, principally those already in the UK before 1 May and satisfying various conditions.

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