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 Do rec agencies have to prove cands right to work?
Author:Confused
Date:Monday, 7th Jul 2008 14:56
Views:947 (excluding Digests and RSS feeds)
Category:Other
URL:http://web.ukrecruiter.co.uk/forum/Forum/read.php?i=109151

A colleague & I are having a debate about whether, as a recruitment agency, we have a LEGAL obligation to prove to our client that the candidate we have supplied has the right to work in the UK. I must stress this is for Permanent employment, not contract or temporary and will be employed my the client directly.

I say we do, he says it is the clients responsibility to check such things, as per our T&C's. Who is right?

Can anyone supply links to information on the web to support their point of view?

Thanking you in advance.

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 Re: Do rec agencies have to prove cands right to w
Author:Flash
Date:Monday, 7th Jul 2008 15:07
Views:116 (excluding Digests and RSS feeds)
Category:Other
URL:http://web.ukrecruiter.co.uk/forum/Forum/read.php?i=109151

For the simple reason that I always obtain some proof of ID, e.g. passport photocopies etc I have always assumed it is the recruiter's responsibility. Also for the reason that at the end of the day, recruiters are providing a full employment service to their clients, this includes ascertaining all the basic details, rights to work, references etc. It depends on the service I suppose you have agreed with your clients, but if the shoe was on the other foot, I would not use an agency that didn't do this as standard.

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 Re: Do rec agencies have to prove cands right to w
Author:fiona jefferies
Date:Tuesday, 8th Jul 2008 12:00
Views:88 (excluding Digests and RSS feeds)
Category:Other
URL:http://web.ukrecruiter.co.uk/forum/Forum/read.php?i=109151

Hi Confused,
I would say it is good practice to ensure all your candidates have a right to work, only to save face and reputation with your client, however...
it is upto the end employer to check the right to work, therefore if the candidate is a temp or contractor then the onus is on the recruiter/agency. if the candidate is perm then it is the client who is responsible.
hope this helps,
fiona

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 Re: Do rec agencies have to prove cands right to w
Author:Joanna Courtenay
Date:Wednesday, 9th Jul 2008 12:27
Views:104 (excluding Digests and RSS feeds)
Category:Other
URL:http://web.ukrecruiter.co.uk/forum/Forum/read.php?i=109151

I always take copies of candidates indentification but reading this thread doubted if it was best practice or legislation. Checked REC website and it states:

Checks on Temporary Workers
Once your chosen agency has a good understanding of your business and the requirements of the role they can select the most appropriate staff.

The agency is legally required to make a number of checks before supplying staff to you:

Identity of the work seeker

That the work seeker has the experience, training, qualifications and any authorisation considered necessary by you, or any professional body, to work in the position

That the work seeker is willing to work in the position you seek to fill. If you require the temporary worker to work with vulnerable persons or require them to hold a professional qualification, the agency must also undertake the following checks:

Copies of any relevant qualifications - the agency should offer to provide these to you
Two references - the agency should offer to provide these to you
In cases of work with vulnerable persons the agency must take all other reasonably practicable steps to confirm that the work seeker is not unsuitable for the position.
REC members commit to undertaking these checks for every temporary worker as well as immigration checks to ensure the right to work in the UK.

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 Re: Do rec agencies have to prove cands right to w
Author:Confused
Date:Wednesday, 9th Jul 2008 15:08
Views:84 (excluding Digests and RSS feeds)
Category:Other
URL:http://web.ukrecruiter.co.uk/forum/Forum/read.php?i=109151

So the concensus seems to be (with thanks to REC's website):

Yes, it is legislation if temp or contract

No, if it is permanent, but it would be good practice to offer as a benefit to clients

Thanks to all who contributed

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 Re: Do rec agencies have to prove cands right to w
Author:i thought different
Date:Thursday, 10th Jul 2008 08:28
Views:104 (excluding Digests and RSS feeds)
Category:Other
URL:http://web.ukrecruiter.co.uk/forum/Forum/read.php?i=109151

I thought under EAA regs you did have to prove eligibility to work in the UK for PERM placements prior to introduction, once introduced and offer made client then also has to satisfy these checks?

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 Re: Do rec agencies have to prove cands right to w
Author:Confused
Date:Thursday, 10th Jul 2008 13:38
Views:104 (excluding Digests and RSS feeds)
Category:Other
URL:http://web.ukrecruiter.co.uk/forum/Forum/read.php?i=109151

i thought different - can you please supply a link to where you read this?

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 Re: Do rec agencies have to prove cands right to w
Author:Robin Fisher
Date:Tuesday, 15th Jul 2008 09:12
Views:82 (excluding Digests and RSS feeds)
Category:Other
URL:http://web.ukrecruiter.co.uk/forum/Forum/read.php?i=109151

It all depends on how you interpret Regulation 19 of the Conduct Regs:

"that the work-seeker has the experience, training, qualifications and any authorisation which the hirer considers are necessary, or which are required by law or by any professional body, to work in the position which the hirer seeks to fill"

It's arguable that "an authorisation required by law" to fill the position is the right to work in the UK.

Robin

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