| For many years, there
have been requirements for employers to
verify the identity of their workers, to
prevent illegal working. The legislation
was backed up with fines. From 29
February 2008, the Immigration, Asylum and
Nationality Act 2006 increased the civil
penalty imposed on an employer to a
maximum of £10,000 (previously £5,000) for
every illegal worker employed in the UK.
It also introduced a new criminal offence
of knowingly employing an illegal worker,
with a maximum penalty of two years in
prison or an unlimited fine.
Employers can avoid both a civil
penalty and committing a criminal offence
by checking, on recruitment, that workers
have a right to work in the UK. To obtain
this protection, employers must make the
checks before the worker starts work.
There are two lists of acceptable
documents for checking identity, similar
to the lists which employers have used
since 1997. List A contains items such as
a British passport, which have no time
limits on working in the UK. List B
contains a list of documents which carry
restrictions on the amount of time
individuals will be able to spend in the
UK. A significant change is that employers
will have to carry out annual checks for
those workers whose documents appear on
List B, such as work permit holders.
You may wish to review your procedures
in light of these new rules.
Internet link:
Home Office Guidance |
