The Asylum and Immigration Act requires that you check that each of your employees has this right, and it is a criminal offence to employ someone who does not have the appropriate immigration permissions. Criminal proceedings can be taken against both the employer and any officer of that employer who is proved to have allowed someone to work illegally. You must therefore check that all of your employees have the legal right to work for you. Q Should we amend our recruitment process given the recent terrorist activities? A You should ensure that your process complies with the current legal requirements (see below). Amendments should only be made on a sound legal basis to reflect any changes to your legal obligations and not as a knee-jerk reaction, which could result in claims of race and/or religion or belief discrimination. Q When should we start the checking process? A Ask job applicants about their immigration status at the outset of the recruitment process. Where application forms are used, these should include as standard a question asking all applicants to confirm that they have the legal right to live and work in the UK. However, if this question is asked it must be asked of all candidates. If you were to selectively ask this question based on assumptions about a particular candidate's race, nationality or ethnic origin, you could face a claim of race discrimination. Never assume that just because someone appears to be British they have the legal right to work for you. Q Do we need to see evidence of the candidate's right to work? A Absolutely. The relevant legislation sets out a list of the documents that form acceptable evidence of a person's legal right to work for you. There are two lists - List A and List B. Before an individual starts working for you, you must see originals of either one document from List A or two documents from List B. Take a photocopy of these documents and keep them securely on file for the duration of the person's employment and for at least three years afterwards. You muQ What are our obligations when employing foreign workers? A As with everyone you employ, you must ensure each member of staff has the legal right to live and work in the UK in the job for which you are employing them.