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Employers Duties to Prevent Illegal Working

If you are an employer in the United Kingdom you have a duty to ensure your staff can work legally. If you cannot prove your employee has the right to work in the UK, 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 their employees have the right to work in the UK.

The UK Border Agency is currently very active in raiding business premises. This is to check that you as an employer have the correct documents in order 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 advice and training to employers as well as HR consultants, on the documents required to provide the statutory defence.

We can also help you to challenge a potential fine if you have been issued with a notice of potential liability.

The UK Border Agency has a name and shame policy. This is where it publishes quarterly reports on employers who have been fined for illegal workers.

How We Can Help

If you need more information you can speak with one of our business immigration law specialists, call 01206 835270 or email [email protected][email protected].

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With over 40 years’ experience, Fisher Jones Greenwood is a long-established Essex Solicitors. With nine offices around Essex, Suffolk and London. Phone us on 08455 435 700 or email us and we’ll call you back to arrange a meeting with a solicitor or lawyer.

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