Screen migrants properly or face £10k fine or prison
10 September 2012
A recruitment law expert has warned recruiters to make it clear that they have specific guidance from their clients on the checking of non-EU temps and contractors' right to work in the UK or face the
A recruitment law expert has warned recruiters to make it clear that they have specific guidance from their clients on the checking of non-EU temps and contractors' right to work in the UK or face the risk of a £10,000 on-the-spot fine.
Kevin Barrow, partner in the recruitment and resourcing group at law firm Blake Lapthorn Tarlo Lyons, told Recruiter that from a practical and legal enforceability point of view it would appear that the Immigration, Asylum and Nationality Act is working okay. But he added: "For those recruiting there may still be grey areas, [specifically] the thorny issue of temporary or contract workally responsible for checking that individuals have the right to work in the UK."
But on top of the criminal penalties (see box), Susan Green, an immigration specialist at commercial lawyers Nabarro, explained that a civil penalty has also been introduced for employers who hire illegal migrant workers as a result of "negligent recruitment and employment practices".
Agencies and employers can establish a statutory defence by checking original specified documents and retaining copies of those documents of all potential employees before they start work.
There is a new requirement for follow-up checks of original documents at least once every 12 months. If these checks are not made and copies of the original documents are not kept, the statutory defence will be lost.
An Australian-style points system, allowing the government to pinpoint immigrants with skills who will benefit the UK economy, will also be introduced over the next two years. The laws will also make ID cards compulsory for foreign nationals.
Criminal penalties behind immigration laws
From 29 February, phase one of the new five-tier Act came into force:
• The laws state that those employing immigrants from outside of the EU must now apply for a licence and check an employee's identity, and their right to work in the UK.
• If employers are found to have knowingly hired illegal workers they could incur an unlimited fine and be sent to prison for up to two years.
• Bosses caught knowingly employing illegal workers will not have a defence regardless of what procedures have been followed.
• Those who employ migrants directly must also register as a 'sponsor' with the Home Office.
Kevin Barrow, partner in the recruitment and resourcing group at law firm Blake Lapthorn Tarlo Lyons, told Recruiter that from a practical and legal enforceability point of view it would appear that the Immigration, Asylum and Nationality Act is working okay. But he added: "For those recruiting there may still be grey areas, [specifically] the thorny issue of temporary or contract workally responsible for checking that individuals have the right to work in the UK."
But on top of the criminal penalties (see box), Susan Green, an immigration specialist at commercial lawyers Nabarro, explained that a civil penalty has also been introduced for employers who hire illegal migrant workers as a result of "negligent recruitment and employment practices".
Agencies and employers can establish a statutory defence by checking original specified documents and retaining copies of those documents of all potential employees before they start work.
There is a new requirement for follow-up checks of original documents at least once every 12 months. If these checks are not made and copies of the original documents are not kept, the statutory defence will be lost.
An Australian-style points system, allowing the government to pinpoint immigrants with skills who will benefit the UK economy, will also be introduced over the next two years. The laws will also make ID cards compulsory for foreign nationals.
Criminal penalties behind immigration laws
From 29 February, phase one of the new five-tier Act came into force:
• The laws state that those employing immigrants from outside of the EU must now apply for a licence and check an employee's identity, and their right to work in the UK.
• If employers are found to have knowingly hired illegal workers they could incur an unlimited fine and be sent to prison for up to two years.
• Bosses caught knowingly employing illegal workers will not have a defence regardless of what procedures have been followed.
• Those who employ migrants directly must also register as a 'sponsor' with the Home Office.
