Marks and Spencer Guidelines on the employment
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:
Guidance for employers bookletsection
8 "Prevention of illegal working"Web site: www.ind.homeoffice.gov.uk
Fresh Produce Consortium:
Nick ClarkTrade Union Congress
(TUC)email@example.comTel: 0207 467 1322
Don PollardTransport &
General Workers UnionLarkydon@macunlimited.net(TGWU)
Ruth ColebyNational Farmers
Steve GibbonsIncomes Data
Servicessteve@incomesdata.co.ukTel: 020 7324 2560
DTI National Minimum Wage Helpline0845
Agricultural Wages Helpline0845
DTI National Minimum Wagewww.dti.gov.uk/er/nmw
(Advisory, Conciliation and Arbitration Service)
Health and Safety Executivewww.hse.gov.uk
Employment law newswww.idsbrief.co.uk
Trade Union Congresswww.tuc.org.uk
(Joint Council for the Welfare of Immigrants)
Work Permits UKwww.workpermits.gov.uk
DEFRA (includes MAFF)www.defra.gov.uk
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
**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.