Employers Dice With Jail for Failing to Check on Illegal Workers

BRISTOL, England, February 29 /PRNewswire/ --     In the week that the Immigration, Asylum and Nationality Act 2006 comes 
in to force, a new survey highlights that business owners are currently 
putting themselves at risk of fines and legal action as they are not doing 
enough to verify the legality of their employees.

A joint survey run by BusinessZone.co.uk and HRZone.co.uk found that 34 
per cent of small businesses had no process in place at all to verify the 
legality of workers. Even in larger businesses with a dedicated HR function, 
37 per cent leave it until the candidate has accepted a job offer.

The survey asked 120 businesses at what point in the recruitment process 
they verify the legality of new employees and answers ranged from "on receipt 
of CV" to "not at all".

Under the 2006 Act the approach towards illegal working is even stricter; 
key changes to the current law include a civil penalty for those that employ 
illegal migrant workers, of up to GBP10,000 per employee. However, the 
employer will have a defence if it can prove that it has seen, copied and 
retained copies of original specified documents, before employing an 
individual.

Employers will also have to carry out further checks at specified 
intervals, to confirm the employee's ongoing entitlement to work in the UK. 
In addition, employers will be subject to a criminal offence if they 
knowingly employ illegal migrant workers, which could result in employers 
being imprisoned for up to two years and/or receiving a fine.

The results of the survey also showed that nearly a third (31 per cent) 
of respondents on HRZone.co.uk do check the legality of new employees on 
invitation to interview - proof that HR professionals are increasingly 
becoming vigilant to the new laws.

Laura Mitchell, a solicitor at Clarion Solicitors comments, "It is a real 
concern that such a high proportion of businesses do not have a consistent 
policy in place to verify the legality of their workers, particularly given 
the consequences of non-compliance. The new legislation introduced this week 
will set an even stricter regime for employing overseas workers and it is 
therefore essential that employers take steps as soon as possible to prepare 
for the forthcoming changes. Implementing and following a clear written 
procedure based on the requirements of the 2006 Act will provide employers 
with greater protection against the civil and criminal penalties under the 
Act. Employers who fail to check the legality of their workers, do so at 
their own risk."

Dan Martin, editor of BusinessZone.co.uk, adds, "The Immigration, Asylum 
and Nationality Act coming into force should provide clarity in terms of what 
measures businesses need to take and the risks involved if they don't. This 
survey shows an alarming volume of businesses, primarily SMEs, failing to 
take sufficient action and as a result putting both themselves and their 
businesses at risk."

About HRZone.co.uk

HRZone.co.uk is a leading online community for HR professionals in the UK 
serving over 22,000 members with a number of free online resources including: 
weekly newswires, in-depth features and a community forum. The site is edited 
by Lucie Benson. For further information visit http://www.HRZone.co.uk

About BusinessZone.co.uk

BusinessZone.co.uk is an online community that delivers day-to-day 
practical advice and guidance for small business. BusinessZone.co.uk runs 
alongside UK Business Forums, the UK's most active online community forums 
for small businesses and start-ups. UKBF members use the site to discuss 
business issues, to share ideas, to find suppliers and, importantly, to 
network with each other. For further information visit 
http://www.BusinessZone.co.uk

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