Don’t Employ Illegal Workers!
by Liam
Under the Asylum and Immigration Act 1996, employers can currently be fined up to £5,000.00 for employing an employee who does not have the right to work in this country. It is currently a defence that you checked the identity of the employee to establish whether they have the right to work in this country and kept a copy of a prescribed form of proof of I.D. on file.
Under new proposals, the fine could increase to £10,000.00 for negligently employing someone who does not have the right to work in this country (i.e. for assuming someone has the right to work in this country without actually knowing that in fact they do not). Employers could also face an unlimited fine or imprisonment for knowingly employing someone who does not have the right to work in this country.
When recruiting employees and seeking to comply with the rules on not employing illegal workers, employers must take particular care not to discriminate on the grounds of race/national origin/religion or belief. For example, employers should check the identity of all employees not just those that “don’t look English”.
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