11 July 2008
Illegal migrants – new penalties
The law on preventing illegal migrants from being employed changed recently and employers should take note.
The revised Immigration, Asylum and Nationality directive 2006 came into force on 29 February 2008.
The checks that employers should make, or should have made, to ensure that their employees are – or were – entitled to work in the UK depend on the initial employment date of each individual.
Under the revised 2006 directive, since 29 February 2008, if an employer knowingly employs an illegal migrant worker they could be prosecuted and receive an unlimited fine and/or a maximum two-year prison sentence.
If an employer negligently employs an illegal migrant worker from 29 February 2008 – that is, they can not show they have checked firstly the employee’s original documents and, secondly, that the documentation is genuine, the employer could be liable for a civil penalty of up to £10,000 per illegal worker.
Ursula Martiniussen, Employment Lawyer at Hart Brown, said, “Employers can protect themselves from civil liability by examining carefully the originals and keeping copies of documentation that prove an employee’s entitlement to work in the UK. Employers should do this for all prospective employees and not make assumptions, based on a person’s appearance or accent, to avoid claims of race discrimination.”
For further information see the UK Border Agency’s website at www.ukba.homeoffice.gov.uk/employers or contact Ursula Martiniussen, on 01483 887687.