Employment law

News: Increased Fines Employing Illegal Workers from February

  • Date: 11/01/2008
  • Author/Solicitor: Nick Arron

Happy New Year - although it may not be for those employing illegal immigrant workers.

From 29th February new fines and penalties can be imposed on employers who negligently hire illegal workers. The maximum fine is £10,000 for each illegal worker found at a business, even if you thought they were legitimately in the UK. Furthermore employers who are found to have knowingly hired illegal workers could incur an unlimited fine and be sent to prison. Serious consequences!

The increased fines make it all the more important that you tighten your employment procedures and ensure that your staff can legitimately work here. For every new worker you must check their passport or ID card for EU member states. If not they must check for a UK residence permit or registration card that allows them to take up employment in the UK. You should not just accept a letter on their employment status. When checking the applicants documents you should satisfy yourselves that they are the rightful holder - so check that the picture, name and DOB matches. Also check any expiry date. Finally take a copy for the personnel file, then you have it if Immigration comes calling.

To assist employers the Border and Immigration Agency will issue a code of practice which should provide guidance on how to avoid the penalties in a way that does not result in unlawful race discrimination. The difficulty this should aid is that employers who only carry out checks on workers who they believe are not British citizens, for example, on the basis or race or ethnicity, could find this is used against them as evidence in any proceedings brought under the race relations legislation. So tread carefully.

The Border and Immigration Agency undertakes regular enforcement operations against illegal working throughout the UK. Last month 49 people were arrested in single raid in Chinatown and 14 people were arrested after an operation at a restaurant in Ipswich. In 2006 alone BIA carried out over 5,200 illegal working operations and removed more than 22,000 people from the UK.

Online guidance on employing migrant workers can be found at: www.bia.homeoffice.gov.uk/employingmigrants/

The reforms also introduce a system of compulsory identity cards for foreign nationals. This should make it easier to check the identity of those applying for jobs.

The new measures are part of a broader package of proposals introduced to toughen border controls, increase enforcement activity and enhance joint working with police and other Government agencies in order to tackle illegal immigration and its consequences.

For further information, please contact Nick Arron .