Help Wanted: How to Avoid Hiring Illegal Immigrants in the UK
Recuriter Magazine pubished a self help guide for UK employers in October's issue:
It is a criminal offence for an employer to employ an individual who does not have the right to live and work in the UK.
Not only could the business itself be liable, but senior management could also be personally liable. Such liability can be avoided if the business checks and copies certain original documents belonging to the employee.
The Home Office and police have wide-ranging powers of enforcement under UK immigration law. They may enter premises and seize documents, and employers will be familiar with the concept of the 'dawn raid' even if they have not experienced one themselves.
The onus is on the employer, so the agency may still be liable in respect of temporary employees on its books.
These temps may well be seen in employment law terms to be employees of the agency rather than of the client, so ultimately you could still be liable and responsible in respect of compliance with immigration law. Even if the agency is providing permanent staff, it is still good practice to ensure that the individual has the right to work in the UK. By doing this you can be sure that, if the individual is later found to be an employee of the agency, the relevant checks have already been carried out.
Not only could the business itself be liable, but senior management could also be personally liable. Such liability can be avoided if the business checks and copies certain original documents belonging to the employee.
The Home Office and police have wide-ranging powers of enforcement under UK immigration law. They may enter premises and seize documents, and employers will be familiar with the concept of the 'dawn raid' even if they have not experienced one themselves.
The onus is on the employer, so the agency may still be liable in respect of temporary employees on its books.
These temps may well be seen in employment law terms to be employees of the agency rather than of the client, so ultimately you could still be liable and responsible in respect of compliance with immigration law. Even if the agency is providing permanent staff, it is still good practice to ensure that the individual has the right to work in the UK. By doing this you can be sure that, if the individual is later found to be an employee of the agency, the relevant checks have already been carried out.
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