Commercial Alerts

Employing Illegal Foreign Workers could spell trouble!

20-Feb-08

Employing Illegal Foreign Workers could spell trouble!

Solicitor and employment law expert Robert Hill of Wycombe law firm Reynolds Parry Jones is warning local employers of the potential dangers of employing foreign workers who do not have the right to work in the UK.

“The employment of foreigners in many different sectors has become attractive in recent years for a number of reasons. Whilst this may be good for the economy the Government has to prevent an uncontrolled flow of illegal immigrants” he said.

“A number of initiatives to control unlawful immigration have been proposed and February 29th sees the introduction of one of these. On that date any employer who employs a person subject to immigration control who is not entitled to undertake the work offered will be liable to pay a civil fine of up to £10,000 per illegal worker” he continued.

The authority charged with enforcing this regulation is the Border & Immigration Agency, under legislation contained in the Immigration, Asylum & Nationality Act 2006.

The onus is on employers to show they have taken the necessary steps to satisfy themselves that prospective employees can work legally. This involves checking documents such as passports, work permits, birth certificates (and other relevant documentation) and includes a requirement to keep copies of such during and for a two year period after employment has ceased.

In all circumstances, to avoid being prosecuted under race relations legislation, employers should take care to show no discrimination against any individual on ground of their race. In practical terms this means that all prospective employees should be treated in the same way.

“We are taking the precaution of warning all our clients specifically of this new legislation” Mr Hill concluded “but any employer concerned about the potential effects on their business is welcome to contact me.”


Further Information: Robert Hill, Reynolds Parry Jones, Tel;01494 525941