CHANGES TO THE LAW ON PREVENTING ILLEGAL WORKING
THE IMMIGRATION SYSTEM IS CHANGING. FROM 29TH FEBRUARY 2008, THERE WILL BE TOUGHER PENALTIES FOR ANYONE CAUGHT EMPLOYING ILLEGAL IMIGRANTS
NOT KNOWING IS NO EXCUSE
The most severe penalties, for employers who knowingly break the rules, include unlimited fines and prison sentences whilst those who unknowingly employ illegal migrants through less than due diligent practices face penalties of up to £10,000 for each illegal worker. (www.bia.homeoffice.gov.uk). McLean Reid will be pleased to look at this with you if we can help.
It is in your interest to make sure that the migrant workers you employ are eligible to work in the UK. Checking the documents of a prospective employee before you hire them provides you with a “statutory excuse” which may prevent you from a civil penalty. For workers with a time limit on how long they can remain in the UK this process must be repeated at least once a year.
THE FAIR WAY TO CHECK
Remember, it’s illegal to discriminate on grounds of race, colour, ethnic or national origin or nationality. The best way to ensure you don’t discriminate is to treat all applicants the same way at each stage of the recruitment process. In other words you should carry out document checks on all potential employees and not assume a person’s right to work in the UK based on their background, appearance or accent
SO, WHAT IS ACCEPTABLE DOCUMENTATION?
Click the link to view the documents required to establish the Statutory Excuse