Q: I am considering employing a girl from the Czech Republic currently working here as an au pair. She has no NI at present and I am in the dark as to whether I can employ her for a certain amount of hours without one.
Mar 31 2008
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Answered by: Peter Done Ask a question
As the prospective employer, you are responsible for ensuring that any worker has the legal right to work in the UK via documented proof retained by you and via official registration.
It is a criminal and civil offence for you to employ an individual who does not have permission to work in the UK. Nationals of the Czech Republic who want to work for one month or more for a United Kingdom employer, must be registered under the Worker Registration Scheme to work in the UK, although there are some exceptions.
If the individual has been working legally in the United Kingdom for 12 months without a break in service she should have full rights of free movement and will no longer need to register on the Worker Registration Scheme.
As it appears the individual is changing jobs, if she does not have full rights she must apply again for a registration certificate under the Worker Registration Scheme authorising her to carry out the work for you, the new employer. Remember individual workers are responsible for making their own application.
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