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Employers Duties to Prevent Illegal Working

If you are an employer in the United Kingdom then you have a duty to ensure that your staff can work legally.

Section 8 of the Asylum and Immigration Act 1996 requires all employers in the United Kingdom to make basic document checks of every person they intend to employ.

Section 8 of the Asylum and Immigration Act makes it a criminal offence for an employer to employ someone, aged 16 or over, who has no right to work in the UK or who has no right to do the work being offered by the employer.

Employers have a statutory defence against conviction for employing an illegal worker. You can rely upon this statutory defence by checking and copying certain documents belonging to the employee.

When doing this employers also have a duty not to discriminate against individuals on racial grounds. Further details can be obtained at www.ind.homeoffice.gov.uk