Illegal Workers

The law on the employment of illegal workers changed at the end of February 2008.

From this date an employer who unwittingly employs someone aged over 16 who is not entitled to undertake the work, can face a fine of up to £10,000.

If an employer knowingly employs someone who is not permitted to work, a successful prosecution could result in an unlimited fine and/or a prison sentence of up to 2 years.

A ‘defence’ can be established only if ‘appropriate checks’ are undertaken before the individuals start working for you. An appropriate check normally involves examination of the employee’s original passport or ID card (if issued by an EU member state).  Without this you should expect to see a residence permit or registration card which allows the individual to work in the UK. The terms of that permission (and its expiry date) should be carefully checked and copies of all disclosed documentation retained.

A detailed guidance document is available from the Border and Immigration Agency, to which a link follows:
http://www.bia.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/
guidancefrom290208/guidance/summaryguidance0208.pdf?view=Binary

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