Changes to the law regarding prevention of illegal working

The Immigration, Asylum and Nationality Act 2006 came into effect on 31 December 2007. The illegal working provisions of the Act detail measures to implement civil and criminal penalties aimed at tackling illegal employment. It is hoped that these penalties will act as a deterrent since there will also be tougher enforcement and a streamlined system for work-based immigration permission for foreign nationals.

Under the new system of civil penalties that come into effect on 1 February 2008, employers who negligently hire illegal workers could face a maximum fine of £10,000 for each illegal worker found at a business. If employers are found to have knowingly hired illegal workers they could incur an unlimited fine and be sent to prison.

The current law provides employers with a statutory defence from conviction if they check and record certain specified documents belonging to potential employees. In addition, employers will be required to undertake repeat document checks at least once a year for those employees who have limited leave to enter or remain in the United Kingdom, if they wish to retain the statutory excuse.

Employers should prepare themselves for these changes. They can expect a visit from the Border and Immigration Agency and they should be prepared to carry out more onerous, rigorous checks which need to be repeated. This will include implementing HR tools to monitor the expiry of permission dates.