All UK employers have a responsibility to avoid employing illegal workers. By carrying out appropriate document checks, employers may protect themselves from civil penalties and prosecution.

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If you are encountered by the enforcement officers that you have employed a worker illegally, you will be liable for a civil penalty. Each illegal worker will attract a penalty. If you have carried out suitable document checks, you will have a ‘statutory excuse’ and will not be liable for a civil penalty. The penalty imposed will vary from minimum £5,000 to maximum £20,000 per illegal worker.

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If you do not pay the penalty, object or appeal by the due dates, the Home Office will commence court action against you. If the Home Office is successful, you will have a County Court Judgment against you.

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Document checks will not protect you against prosecution if you knew the worker did not have permission to work, or if you could reasonably have known. You must check the documents in the presence of the holder during the job interview or the employment commencement. You must check and verify all the contents of the documents. It is good practice to keep record of date you have checked/verified the documents. You must make a clear copy of each document in a format which cannot be altered and retain this copy securely for not less than two years after the employment has come to an end. If the person has limited leave to remain in the UK but you wish him to start the work, you must carry out additional checks before the expiry of the leave.

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If a potential employee cannot prove their right to work by showing valid documents, then you should refuse to employ them. If the employee already works for you, has leave to remain to work and but if he cannot prove their right to work in a follow up check you conduct, you should immediately terminate his employment.

 

Following the immigration enforcement officers visit to your premises, if you have been issued with a Notification of Liability for a Civil Penalty, Lawsmith Solicitors can take instructions and assess the merits. We can advise you as to the likelihood of establishing a statutory excuse and thereby submitting objections to the Civil Penalty Compliance Team (CPCT) and also provide legal representation on the appeal at the County Court.

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We have extensive experience in handling all immigration matters. To discuss about your organisation’s civil penalty matter with one of our immigration Solicitors, please contact us on 01279 312185 or submit our enquiry form given below.