If you are an employer in the United Kingdom you have a duty to ensure that your staff can work legally. If you cannot prove that your employee has the right to work in the United Kingdom, you could be liable for a penalty up to £10,000 per illegal worker. Both criminal and civil penalties may be applied to employers if they are unable to demonstrate that their employees have the right to work in the UK.
The UK Border Agency is currently very active in raiding business premises to check that you as an employer have the right documents to prove your employees have the right to work in the UK. If you cannot provide the “statutory excuse” against the civil penalty fines of up to £10,000 per worker you will be liable for that fine in the same way as you are liable for a parking ticket. We can provide specific advice and training to employers and HR consultants on the documents required to provide the statutory defence.
If you have been issued with a notice of potential liability, we can help you to challenge that potential fine.
The UK Border Agency has a name and shame policy whereby its publishes quarterly reports on those employers who have been fined for illegal workers. If you need more information contact us on 01206 835270.