Illegal Working
For many years, there have been requirements for employers
to verify the identity of their workers in order to prevent
illegal working. Penalties under the Immigration, Asylum and
Nationality Act 2006 were increased from 29 February 2008 and
the Home Office UK Border Agency website has been updated to
show a list of employers fined since the introduction of the
revised penalties. The website which lists employers fined,
by region, will be updated on a monthly basis.
From 29 February 2008, the Immigration, Asylum and Nationality
Act 2006 increased the civil penalty which can be imposed on
an employer to a maximum of £10,000 (previously £5,000)
for every illegal worker employed in the UK. It also introduced
a new criminal offence of knowingly employing an illegal worker,
with a maximum penalty of two years in prison or an unlimited
fine. Details of the current requirements are set out below.
Employers can avoid both a civil penalty and committing a
criminal offence by checking, on recruitment, that workers
have a right to work in the UK. To obtain this protection,
employers must make the checks before the worker starts work.
There are two lists of acceptable documents for checking identity.
List A contains items such as a British passport, which have
no time limits on working in the UK. List B contains a list
of documents which carry restrictions on the amount of time
individuals will be able to spend in the UK. A significant
change is that since 29 February 2008 employers now have to
carry out annual checks for those workers whose documents appear
on List B, such as work permit holders.
Please do get in touch if you would like any advice in this
area.
Internet links: Home
Office Guidance and Home
office list of employers fined |
