A new report released by the Home Office has shown that between 1 October and 31 December 2016 over 700 civil penalties have been issued to employers for illegal working. These penalties amounted to over £11.5 million and covered 974 illegal workers.
How important is conducting right to work checks?
Over the year, these penalties represent £46 million to employers, an amount that can be avoided with the correct checks in place. Employers who do not carry out checks are at risk of incurring either civil or criminal penalties for employing illegal workers. According to s.15 of the Immigration, Asylum and Nationality Act 2006, “it is a civil offence for you to employ a person in the UK who is subject to immigration control if they’ve not been granted leave to enter or remain in the UK, or their leave to enter or remain in the UK is invalid, has ceased to have effect or is subject to a condition preventing them from accepting the employment.”
It becomes a criminal offence, under s.21, when you “employ a person in the UK knowing they’re subject to immigration control and that they’ve not been granted leave to enter or remain in the UK, or that their leave to enter or remain in the UK is invalid, etc. or where you have “reasonable cause to believe” that they’re disqualified from employment by reason of their immigration status.”
How much can an employer be fined?
If a civil offence occurs, an employer can be fined up to a maximum of £20,000 for each illegal worker found in their employment, as a result of negligent recruitment practices. Civil penalties are calculated with a number of factors in mind. They work on a sliding scale that can depend on whether the employer has received previous penalties or warnings, whether they’ve reported the suspected illegal worker and their co-operation with the Home Office’s investigations.
In the case of a criminal offence, conviction of indictment can carry up to a five-year prison sentence and/or an unlimited fine.
Not only is the employer under scrutiny, the illegal workers themselves are also subject to criminal liability and their wages may be seized.
How can civil penalties be avoided?
An employer has an excuse against liability for payment of a civil penalty if they can show that they have carried out right to work checks before the worker’s employment began. Documents are required to prove that the worker has an ongoing entitlement to work in the UK. In cases where the worker has restrictions on their entitlement to work, employers must be aware that their excuse against liability is time-sensitive.
In a nutshell
Civil penalties are avoidable if employers carry out right to work checks on all new employees before they start working. This check will give an employer a statutory excuse against liability for employing an illegal worker.
Want to find out more information? enlightenHR’s offer letters contain all the necessary information to make the correct right to work checks. Contact us today to find out how we can help.
