Big impact of immigration law

July 11, 2008

Remember back in February when the Immigration, Asylum and Nationality Act 2006 came into force? This legislation put more responsibility onto employers to ensure they employ only legal workers, with penalties of up to £10,000 for companies found to be flouting the law and employing workers that do not have permission to work in the UK.

This legislation has already had an incredible impact, with 352 businesses having been caught employing illegal workers since February, leading to more than £3million in fines. In 2007 less than 15 companies were caught for this!

To make sure they are not falling foul of this legislation, employers need to ensure they make the necessary pre-employment checks when taking on any new staff. This means seeing original proof of eligibility to work in the UK, such as a passport, or birth certificate combined with a document indicating a UK National Insurance Number. There are specific lists of relevant documentation that can be provided, for more information see the Border and Immigration Agency (BIA) guidelines ‘prevention of illegal working’. It is important to remember that this documentation needs to be provided prior to the start of employment rather than when the employee has already started.

Things to consider:
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