Tax & Accounting News

Illegal Workers

09/05/2008

Harris Lipman has issued a reminder to employers to carry out all the necessary checks on potential workers to ensure they are not illegal migrants, or run the risk of a heavy fine or even a prison sentence.

From 29 February 2008, new civil penalties came into force that carry a maximum fine of £10,000 for each illegal worker hired negligently and an unlimited fine or prison sentence of up to two years for knowingly hiring illegal workers.

Harris Lipman senior partner Barry Lewis said: “Employers can avoid these severe penalties – and committing a criminal offence – by checking, on recruitment, that the person they intend to employ is entitled to work in the UK before they start work.

“The Home Office has issued two lists of documents acceptable for checking identity, similar to lists that employers have been using since 1997.

“List A contains items such as a British passport, which indicate that the person has an ongoing entitlement to work in the UK.

“List B contains documents that entitle someone to work in the UK for up to 12 months. This imposes a significant change on employers to previous law as they must now carry out annual checks for workers whose documents appear on List B, such as work permit holders.

“These rule changes may mean that employers need to update their systems so that they stay compliant. Detailed guidance on the changes is available at www.bia.homeoffice.gov.uk/employers or please contact us if you would like to discuss how they could affect your business.”

 

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