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Polish Id card refused by an employer

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kika335
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Posts: 1
Joined: Sun Oct 09, 2011 9:39 am

Polish Id card refused by an employer

Post by kika335 » Sun Oct 09, 2011 12:41 pm

Hi there, I hope that someone can help me..
I was offered a job on friday 7.11.11 and I was so shocked when they said that the only proof od identity they can accept is my passport or residency card. I have explained that I have lost my passport and I do not have a residency card as it is not compulsory for me to have it in order to be allowed to live and work in the UK as I a Polish and Polans is an EU country. I have explained that I have my id card and I was using it here for the past 6 years for work, to travekl, for Home Office etc. They rae just not having it, the manager of the place said that she has to comply with the company policies and she does what her boss tells her. My id card hamy my photo, it is both in english and polish, stating my nationality! I have rung the Home Office and they said that just the fact that I am polish gives me the right to work and live in the UK. I have never had a problem like that during the last 6 years, all my previous employers, job centres and home office accepted my ID! I will be ringing citizens advice bureau tomorow, but is there anything else that i coud do? how can i get the information to the people highr than the manager of the place? is there anybody i can make an official complaint to? I feel like i am being discriminated against!
please any help anybody??
thanks

Mr Rusty
Diamond Member
Posts: 1041
Joined: Fri Nov 09, 2007 1:09 pm

Post by Mr Rusty » Mon Oct 10, 2011 2:27 am

You should refer your employer to the UKBA's booklet of guidance for employers on preventing illegal working, see this link:-

http://www.ukba.homeoffice.gov.uk/sitec ... iew=Binary

On Page 25 Para 2 it specifies the documents that are acceptable as a defence against an accusation of employing illegal workers:-

"A passport or national identity card showing that the holder..... is a national of the European Economic Area or Switzerland".

Kitty
Senior Member
Posts: 706
Joined: Wed Jan 17, 2007 10:54 am
Location: Southampton, UK

Post by Kitty » Mon Oct 10, 2011 10:45 am

Also keep in mind that if your employer refuses to accept the Home Office guidance Mr Rusty provided in his post, you may have a claim for race discrimination against your potential employer.

Make sure you take advice about your employment law rights when you go to the CAB, or consult a solicitor.

arsenal49
Diamond Member
Posts: 1739
Joined: Sun Jan 24, 2010 12:04 am

Post by arsenal49 » Mon Oct 10, 2011 7:07 pm

tell your employer that their policies are illegal!

show them the law pertaining to the fact you are EU citizen and if they still refuse to employ you, take them to the court and sue them for loss of earning etc.

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