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Q: Is it legal to use Romanian drivers in the UK on an agency while they are self-employed, or does the Agencies Act of 1974 still prevent this?

Aug 08 2011

Answered by: Peter Done Ask a question

The fact that a driver is Romanian will not, in itself, be the deciding factor as to whether or not they can be employed. The question is whether or not there are any restrictions on their immigration status preventing them from carrying out work of this kind.

When anyone is supplied by an agency the provider has to take steps to ensure that they have the necessary qualifications to carry out the role but it is up to the employer to ensure that the person is legally entitled to carry out that work in the UK.

In order to make sure that the employment of a Romanian driver is legal you need to see documentation confirming their immigration status and if there are any restrictions on their right to work within the UK. It is your duty to make sure that none of your employees are working illegally.

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