8 Checklist items for action when employing migrant workers in the Hospitality Sector

Comply with the terms of the Immigration, Asylum and Nationality Act 2006 to establish country of origin by,

  1. Asking for, obtaining, and copying appropriate original documents (e.g. Passport, Workers Registration document, identity card, sponsorship certificate, birth certificate).
  2. Checking, within reason, that the potential employee is the rightful holder of the document.
  3. If the applicant is an EEA national (Austria, Belgium, Cyprus, Denmark, Finland, France, Germany, Greece, Iceland, Italy, Lichtenstein, Luxembourg, Malta, Netherlands, Norway, Portugal, Republic of Ireland, Spain, Sweden, Switzerland) he/she is fully free to work just as a local work seeker.
  4. A8 nationals (Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Slovak Republic and Slovenia) and A2 (Romania and Bulgaria) should now be treated as having the same rights to work as those of the EEA (above). The same checks at points 1-3 and 6 and 7 herein apply.
  5. ANY other nationals (or A2 nationals other than for point 5 above)
  6. ID card if arrived after 25/11/08
  7. Existing work permit if before
  8. In farming, employment of people in this category is currently suspended (and likely to be so for some time).
  9. AFTER employing, check the right to work annually especially if employing workers outside EEA and A8.
  10. If employing through Employment Agencies always check that the Agency is registered with the Gangmasters Licensing Authority. ONLY use registered Agency’s (Gangmasters). (www.gla.gov.uk).
  11. After employing ensure compliance with the Agricultural Minimum Wage and the other employment rights covered in this website/leaflet.

Telephone Enquiry Point

The Agency’s Enquiry Point is available to employers, employees, trade unions and others. Enquiry Point advisors provide information and advice on a wide range of employment matters. The Enquiry Point is also an important contact point for identifying circumstances, or clients, who would benefit from being referred to other Agency services.

The Enquiry Point provides clear, confidential, independent and impartial advice to assist the caller in resolving issues in the workplace.

While the advisors cannot provide a legal opinion they can help callers gain a better understanding of their rights and responsibilities as well as identifying possible options to help resolve their issues.

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