Ignorance no excuse for employing illegal migrant workers

Businesses which employ illegal migrant workers are facing heavy fines and even prison under tough new laws introduced by the Government.

Nick Hall, head of our employment team, warns it is the responsibility of all businesses to ensure stringent checks were in place to prevent illegal working from taking place.

“Bosses who knowingly employ an illegal migrant worker have no defence available to them and face an unlimited fine or even imprisonment. However, those who are found to be negligent can rely on the statutory defence so long as they ensured rigorous safeguards were in place.”

Guidelines produced by the Government’s Border and Immigration Agency (BIA) encourage employers to complete an extensive pre-employment check. This involves the potential employee providing either a ‘List A’ document – a UK passport, national identity card, residence permit, or BIA immigration status document - or a ‘List B’ document showing potential restrictions on their ability to live and work in the UK, such as a work permit.

If the employee is only able to produce a ‘List B’ document a follow-up check must be carried out every 12 months. Otherwise the statutory defence will be useless under the new guidelines laid out in The Immigration, Asylum and Nationality Act 2006.

Nick says: “The key for all employers is to keep accurate records. Take steps to verify each document you are shown and remember to take a copy. It is also important to make a note in the diary to ensure the relevant follow-up checks are made.”

Earlier this year immigration officers were called in to investigate claims that illegal migrants were helping to build the Cambridgeshire Guided Busway after Cambridgeshire County Council confirmed a contractor had been sacked from the £116 million project for not producing the correct documents for 12 workers. Meanwhile, an illegal immigrant from Ghana was told he would be deported after admitting he tried to get work with Northampton security firm BSG using a forged Dutch passport.

Although the BIA is unable to provide any figures on the number of illegal immigrants currently in employment in the UK, it is clearly taking the problem seriously in the Eastern region. It has just opened a new office in Bedford, which will work closely with the police and local authorities to help tackle illegal immigration in Milton Keynes, Northampton and Bedfordshire.

If you have any concerns about any employment related matter, Nick would welcome the chance to talk to you. Give him a call on 01604 233233 or email him at nickhall@hewitsons.com