believes on reasonable grounds that the nature of the
disability substantially affects the disabled person’s abil-
ity to perform the required task(s).
It is also against the law for trade associations, trade
unions and professional bodies to treat a disabled person
less favourably than someone else.
The Act will receive further consideration later in this
chapter, but it will suffice to say here that employers are
required to make adjustments in the working conditions
and workplace to accommodate disabled persons but
cost may be taken into account in deciding what is rea-
sonable (s 6).
Exceptions
The employment part of the Act did not apply to
employers who employ fewer than 15 people but they
were encouraged to follow good practice guidelines.
This exemption was removed from 1 October 2004 by
the Disability Discrimination Act 1995 (Amendment)
Regulations 2003. The Act does not apply to operational
staff employed in the armed forces, the police or prison
services, the fire services or to anyone employed on
board ships, hovercraft or aeroplanes. Complaints must
be made to an employment tribunal within three months
of the act complained of. Remedies are considered later
in this chapter.
The Asylum and Immigration Act 1996:
illegal working
This Act is relevant in terms of recruitment. It con-
tains provisions designed to prevent illegal working by
immigrants, overstayers and those breaching their im-
migration conditions. Under regulations made by the
Secretary of State employers must take steps to check
the existence (but not the authenticity) of documents
such as birth certificates or certificates of registration or
naturalisation to prevent illegal working. If such checks
have been carried out and illegal employment takes place
nevertheless the employer is not liable. Failure to check
responsibility can result in a fine on the employer of
up to a maximum of £5,000. In the case of a corporate
employer, directors and other officers and management
of the company may be similarly prosecuted if they have
connived at the offence or it has been committed as a
result of their neglect. There is no need to check existing
employees. The Act does not apply to employees under
the age of 16 or to self-employed or agency workers.
Furthermore, employers are not required to check the
status of employees who come to the organisation fol-
lowing a transfer of undertakings. Non EEA (European
Economic Area) students must get permission from the
local Jobcentre for a specific job, and as regards uni-
versity students permission may be obtained from the
Department for Education and Employment.
The UK Border and Immigration Agency, set up in
April 2008, is responsible for issuing the Code of Practice
for all Employers on the Avoidance of Race Discrimination
in Recruitment Practice While Seeking to Prevent Illegal
Working. It can be accessed through the Home Office
website: http://www.bia.homeoffice.gov.uk/employers/
preventingillegalworking/Illegal working: regulations
The Immigration (Restrictions on Employment) Order
2004 (SI 2004/755) is now in force. It contains new meas-
ures of importance to employers. These are designed to
tackle illegal working.
Under the Asylum and Immigration Act 1996 (above)
it is an offence, punishable by a fine of up to £5,000 per
employee, to employ someone who does not have per-
mission to live and work in the UK. Under s 8 of the
1996 Act, the employer has a defence if the employee
was, before the employment began, required to produce
certain documents. This order makes changes to s 8. The
main points for employers are:■The employee must now produce either a ‘secure’
document or a combination of other specified docu-
ments. ‘Secure’ documents include a UK passport or
a national ID card issued by one of the current EU
member states, or Iceland, or Norway, or a document
confirming that the holder has indefinite leave to
remain in the UK.
■If the above conditions cannot be met, the employee
must produce a combination of documents such as
an official document showing his or her National
Insurance number together with a birth certificate.
■The employer is required to take copies of the relev-
ant parts of the documents and must be satisfied
that any photo or date of birth is consistent with the
appearance of the employee. Where names given on
the documents differ, a further document must be
produced to explain the difference.In addition, the Home Office has announced that
nationals from the EU states that joined on 1 May 2004
will be allowed to work in the UK only if they register
with the Home Office.Part 4Business resources