Employers may wish to be reminded that on 29th February 2008 significant changes were made to the laws on illegal working in the UK. The two main changes were:
- that employers were required to conduct annual checks on the immigration status and eligibility to work of employees who are not settled in the UK; and
- the introduction of a Civil Penalty of up to £10,000 per illegal worker found working for an employer.
Teams of officers from the UK Border Agency (UKBA) regularly visit workplaces to locate and arrest illegal workers. More often than not, these visits are as a result of intelligence passed to UKBA enforcement offices. This intelligence may be in the form of a complaint from a disgruntled employee whose job has been taken by an illegal worker or from an unsuccessful candidate for employment who knows that illegal workers are working for an employer. The areas of employment most frequently targeted by UKBA enforcement officers are:
- fast food outlets and restaurants;
- the building and construction sector;
- factories and food processing units;
- the security industry;
- casual labour on farms.
In past times, UKBA officers would turn up unannounced, arrest and remove illegal workers and take little or no action against the employer. The time it took to bring a prosecution and the expense and resources involved made action against employers just too difficult. Now, however, it is a completely different story.
The introduction of the civil penalty means that if employers are found to be employing illegal workers and they have not carried out the required checks to ensure their eligibility to work, they face a fine of up to £10,000 per illegal worker. Statistics show that the average fine is £5,000, which indicates that employers may have carried out some checks but not all of those required by the UKBA. Where it is established that employers have knowingly employed illegal workers, they may additionally face criminal prosecution resulting in a fine or imprisonment or both. In addition to facing the prospect of substantial fines and loss of employees, employers now also face the prospect of having their details published on the UKBA website. Naturally, this may affect their ability to secure contracts as potential clients may check the website to see if an employer has come to adverse notice.
As well as publishing on its website formal lists of employers fined for employing illegal workers, the UKBA is also highlighting successful raids on employers in the news section of the website. The link to the news section is on the UKBA’s home page and the news items mention the names of companies where illegal workers have been found. Clients may be interested to know that 30 such articles have been featured during the months of March to June.
Wright Hassall has a specialist Business Immigration Team who can advise employers on all aspects of illegal working. The team, headed by partner Marian Dixon, can carry out an audit of existing staff; prepare a policy document on best recruitment and HR practices so that employers are compliant with the law and regulations on illegal working; and can provide dedicated training on the relevant law and how to avoid civil penalties. They can also provide immediate advice for employers who are notified by the UKBA of liability to pay a fine and can challenge the level of the fine or in certain circumstances have it withdrawn.
For further information on illegal working, please contact Marian Dixon on 01926 883002 or email her at marian.dixon@wrighthassall.co.uk
