Legal Gateway Solicitors Blog

Employers Beware of Changes to the Immigration Law

29-02-08 Posted In: Immigration

There are important changes in the law which came into force on the 29th February 2008 which affect you.

You must check all prospective employees’ entitlement to work in the UK, or you risk breaking the law.  The checks that should be, or have been undertaken depend on when the employee is, or was, recruited.

As from the 29th February 2008, you may be liable to pay a civil penalty if you employ someone who is :-

• Subject to immigration control;
• Aged over 16; and
• Not entitled to undertake the work in question.

A civil penalty can be imposed and served by a UK Border Agency official on behalf of the Secretary of State, and can be up to £10,000 per illegal worker.

It is imperative that all employers make relevant checks and copy required documentation before taking on an employee.  If a person has a time limit on their stay, repeat checks must be conducted on their documentation annually.

We at LGS can advise you :-

1. as to the checks to be made and documentation to be copied;
2. whether your prospective employee is eligible to work;
3. as to how to regularise and obtain permission for your prospective employee to be employed by you.