- Do you have the processes in place?
Did you know that it is a criminal offence if, as an employer, you do not check the identity of any new employee and their right to work in the UK? Furthermore, you must also keep copies of the identity documents you check.
This requirement has actually been in place since 1996 but new measures to help tackle illegal migrant working will come into force on 29 February 2008 and they apply to anyone who is an employer, however large or small, without exception. These measures, contained in the Immigration, Asylum and Nationality Act 2006, include:
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a system of civil penalties for employers who employ illegal migrant workers - it is proposed that the maximum civil penalty per illegal worker will be £10,000.
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a new criminal offence for employers who knowingly employ illegal migrant workers - this offence will carry a maximum two year prison sentence and/or an unlimited fine; and,
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a continuing responsibility for employers of migrant workers with a time-limited immigration status to check their ongoing entitlement to work in the United Kingdom.
The new measures do not significantly alter employers' responsibilities. However, remember, that employers are already required to check that their prospective employees have the right to work in the United Kingdom in order to establish a defence against conviction for employing illegal migrant workers.
Perhaps you have heard or seen one of the government recent radio or TV advertisements on this subject and are unsure how you can comply in your business? It is relatively simple and inexpensive to introduce a process of checking and ley hill solutions can help through our process assessment and analysis services.
To check your responsibilities try the Home Office web site
If we can help you contact ley hill solutions
