The Employment Agency Act
EAA Regulations require that any person registering with FMCL or any associated Division must provide proof of identification with a copy of a form of photo ID, and must also provide copies of any qualifications, which are required for the role. Focus Management Consultants must have these documents before they can put someone forward for a role, whether this is permanent or contract position.
For Limited Company Contractors
The EAA regulations were in part introduced to ensure a greater level of protection for contractors, but a greater level of legislative protection does mean that, under the IR35 rules, the EAA regulations could have an impact on the tax advantages of the limited company contractor. All contractors do have the chance to opt out on the protection of the regulations, and must sign to their consent for this.
Focus management Consultants are obliged to check health and safety risks on behalf of candidates and contractors, and will request this information from employers. The full text of the regulations can be found online at: http://www.legislation.hmso.gov.uk/si/si2003/20033319.htm The DTI have also published a guidance document which can be found at: http://webarchive.nationalarchives.gov.uk/20090609003228/http://www.berr.gov.uk/employment/employment-agencies/know-your-rights/page26998.html
Asylum and Immigration Act
The latest regulations pertaining to the S8 Asylum and Immigration Act also create further obligations for employers in that they must also check proof of identification for all employees. All ARM candidates and contractors will be reminded to take an original photo ID to their interview in preparation for these checks, together with any visas where appropriate, and the employer must examine and take a copy of this identification, and keep this information on file. For more information, go to the Home Office web site.