Select Committee on Environment, Food and Rural Affairs Written Evidence

Annex 2

Marks and Spencer Guidelines on the employment of labour

  We would ask you to make sure that your company has the following controls in place with regard to social compliance and legality of employment:

    —  A non discriminatory Employment Policy which meets all UK employment legislation.

    —  Systems to check all staff (including temporary/agency** workers) are legally able to work. Accept only originals of the following:

      For UK, a National Insurance Number as shown on a P60, P45 or National Insurance Card. (A temporary NI number is not sufficient).

      For other European Union Countries, a passport or ID card issued by the European Union Country to which the individual is a national of that country.

      For Commonwealth Countries, Passport and work permit or visa.

      For Other Countries, (including European Countries that are not members of the EU) Passport and work permit and/or a letter issued by the Immigration and Nationality Department indicating that the individual is a British citizen or has permission to take employment and/or a Standard Acknowledgement letter (SAL 2) for asylum seekers with a work endorsement on the reverse.

  We would strongly recommend holding a colour photocopy of the relevant documents and holding them on the individuals personnel file. Photographic ID cards for all employees are also increasing in use.

  There are a number of useful sources of information to gain further guidance, including:

  Home Office:

    —  Guidance for employers booklet—section 8 "Prevention of illegal working"—Web site:

  Immigration Office:

    —  Chris Hudson—Boston——Tel: 07768 798248

  Fresh Produce Consortium:

    —  Doug Henderson——Tel: 01733 237117


    —  Nick Clark—Trade Union Congress (TUC)——Tel: 0207 467 1322

    —  Don Pollard—Transport & General Workers Union——(TGWU)

    —  Ruth Coleby—National Farmers Union—'

  Employment Law:

    —  Steve Gibbons—Incomes Data Services——Tel: 020 7324 2560


    —  DTI National Minimum Wage Helpline—0845 6000 678

    —  Agricultural Wages Helpline—0845 0000 134

  Useful Websites:

  DTI guidance——

  DTI National Minimum Wage—


  (Advisory, Conciliation and Arbitration Service)

  Health and Safety Executive—

  Employment law news—

  Trade Union Congress—


  (Joint Council for the Welfare of Immigrants)

  Work Permits UK—

  DEFRA (includes MAFF)—

  Department for Environment, Food and Rural Affairs

  An adequate training programme for all staff prior to the commencement of work. This should include training on health and safety requirements, fire procedure and hygiene standards. It is unacceptable for any staff to commence work without training.

  **Where a agency is used to employ labour, it is your responsibility to ensure their employees are legally allowed to work and are employed according to UK employment law and in compliance with our global sourcing Principles and the ETI base code. We would suggest you have a written agreement which details:

    1.  Procedure to confirm employees are legally able to work.

    2.  Minimum wage, overtime rates method of payment and allowed deductions.

    3.  Conditions of employment, including: wages, hours of work, sickness, notice required to leave.

    4.  If accommodation is offered by an agency you should confirm that it is of an acceptable quality, at a reasonable price and occupancy level.

    5.  No Sub Contracting of the Labour supply.

  All agencies should be audited annually to confirm compliance with the written agreement. This should include a thorough check of paperwork.

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Prepared 18 September 2003