Written question asked by Margaret Moran (Labour) on Monday, 15 January 2007, in the House of Commons. It was due for an answer on Wednesday, 17 January 2007. It was answered by Liam Byrne (Labour) on Wednesday, 24 January 2007 on behalf of the Home Office.

Agency Staff

Question: To ask the Secretary of State for Communities and Local Government what checks councils are required to make on the immigration status of temporary and agency staff employed via an agency.

Answer: I have been asked to reply.Section 8 of the Asylum and Immigration Act 1996 is the primary measure for combating illegal working. It provides employers with a statutory defence from conviction if they check and record certain specified documents belonging to potential employees. All employers in the UK, including councils, have a responsibility to ensure that they do not employ anyone who does not have leave to be in the UK and undertake the work in question.Where an employment agency employs people and provides their services to a user, then it is the responsibility of the employment agency to carry out proper document checks. Where an employment agency is simply recruiting people to be employed by a client, then it is the client’s responsibility to carry out checks. Where there is any doubt about the employment relationship, we advise that both the employment agency and client should carry out checks.

Secondary information

Type: Written question
Reference: 116710; 455 c1891-2W;455 c1893-4W
Session: 2006-07
Subjects: Employment Undocumented migrants Local government Migrant workers Temporary employment Vetting
Link: View this Written question on www.publications.parliament.uk