30
Jul
Rise in prosecutions for employing illegal workers
Businesses are being warned to undertake more rigorous checks
into applicants’ backgrounds as the number of prosecutions
for employing illegal workers increased over 500%, according to
Giant Precision a business process outsourcer.
According to information they obtained from the Home Office, the
introduction in February 2008 of the new penalty system has led to
233 prosecutions of employers for employing illegal workers. This
compares with no more than 40 cases per year previously.
Matthew Brown, Managing Director of Giant Precision said:
“The new civil penalty for employers who hire illegal
immigrants has made a big difference to the UK Border
Agency’s activity in bringing cases against employers. More
employers than ever before are finding themselves hit with big
fines.
The new regulations are tough on employers and recruiters who
may have checked into candidate’s backgrounds and been duped
by fraudulent documents. Even if checks are carried out, the UK
Border Agency can still levy fines if it deems recruiters and
employers have not been sufficiently rigorous.”
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. The Home Office UK
Border Agency website is regularly updated to show a list of
employers fined since the introduction of the revised
penalties.
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. 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: Giant
Precision press release Home Office
Guidance and
Home office list of employers fined
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