Great Britain: guidance for employers on the avoidance of unlawful discrimination while seeking to prevent illegal working

Whereas the government is toughening the law on preventing illegal work, employers can find themselves in a delicate position : when gathering information on an applicant or when refusing to hire them, they can be accused of racial discrimination. A code of practice has just been published to avoid that risk. (Ref. 080157)
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As of February 29, 2008, a new system to prevent illegal working will be available, and will be managed by the Border and Immigration Agency. This system plans important fines and/or a prison sentence for employers who negligently hire illegal workers (see our article No. 070986). Yet, employers who carry out identity checks on workers who they believe are not British citizens, for example, on the basis of race or ethnicity, could be exposed to a litigation for racial discrimination. This is wh

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