Avoiding discrimination whilst preventing illegal working - draft code of practice published

The Government has published a draft statutory code of practice for employers on how to avoid unlawful discrimination whilst trying to prevent illegal working.

Employers are under a legal obligation to prevent illegal working in the UK by carrying out document checks on individuals before employing them.

Where an employer only carries out checks on individuals that it considers not to be British citizens (e.g. on the basis of their race/nationality), it places itself at risk of a (costly) claim for discrimination under the Equality Act 2010.

The draft guidance sets out helpful, practical guidance for employers on how to implement a fair recruitment practice and avoid claims for discrimination where possible.

The draft guidance can be accessed here.