Illegal Working Changes
On 29 February 2008, the government introduced changes to the requirements which employers need to satisfy in order to avoid penalties and/or imprisonment for employing illegal migrants.
From this date the Immigration, Asylum and Nationality Act 2006 increased the civil penalty which can be imposed on an employer to a maximum of £10,000 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 and/or an unlimited fine.
An employer 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 but to obtain this protection the employer must make the checks before the individual starts work.
There are two lists of acceptable documents for checking identity, similar to the lists which employers have used since 1997.
- List A contains items, such as a British passport, which have no time limits on working in the UK and which indicate that the person has an ongoing entitlement to work in the UK.
- List B sets out 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 employers will have to carry out annual checks for those workers whose documents appear on List B, such as work permit holders.
Obviously, the changes to the rules are substantial and you may wish to implement new procedures to deal with them. If you have any questions about the new rules, please see the detailed guidance at www.ukba.homeoffice.gov.uk/employers or get in touch with us to discuss how they might affect your business.
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