The UK Border Agency state that all employers have a responsibility to make the appropriate checks when they recruit people to check the entitlement to work in the UK and satisfy themselves that the documents presented to them are valid and relate to the applicant.
Employers found to be using illegal migrant workers can face a civil penalty of up to £10,000 for each illegal worker. There is also a tough criminal offence of knowingly employing an illegal worker which carries a maximum 2 year custodial sentence and/or an unlimited fine.
We can assist employers by advising on the possibility of a migrant's ability to work in the UK. The prevention of illegal working can often raise race discrimination issues. When carrying out checks on their employees, employers must be careful not to use discriminatory recruitment practices. This is where at Stephens Scown we work closely with our Employment team providing appropriate advice regarding employment law issues.
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