The Dangers of Hiring Employees with no right to work in the UK

In a recent raid by the UK Border Agency, six men from Bangladesh were caught working illegally at the Saffron restaurant in Newton Abbot.

The men were arrested after officers carried out immigration checks and discovered that the men had no legal right to work in the country.  Now the restaurant faces a civil fine of £10,000 for each illegal worker it employed.

This case serves as a reminder to employers - wherever they are - that it is unlawful to employ an individual who does not have the right to work in the UK, or who is working in breach of their conditions of stay in the UK.

Often employers are unaware that they are in breach of the law, or do not have the time or resources to make the obligatory checks and stay on top of the frequently-changing immigration rules.

There is a system of civil penalties for employers who employ illegal migrant workers as a result of negligent recruitment and employment practices. However, those employers found to be knowingly employing illegal migrant workers are guilty of a criminal offence - which carries a prison sentence and/or a fine.

To avoid liability for employing illegal workers, employers need to carry out certain checks before an individual commences employment, and to keep a record of the checks they have carried out. Employers must also undertake repeat document checks at least once a year for any employees who have limited leave to enter or remain in the United Kingdom.

When asking prospective employees for evidence of their right to work in the UK, employers should take care not to fall foul of discrimination laws. The best way to avoid discrimination claims is to treat all job applicants exactly the same at each stage of the recruitment process by asking all applicants if they need permission to work in the UK and to provide evidence of their right to work. 

It is important that employers have clear, written recruitment procedures, and that they check regularly that those procedures are being followed. Putting in place simple controls and procedures could save a lot of money and inconvenience in the longer term.

Cases such as this one illustrate the extent of the action being taken by the UK Border Agency to identify those who are working in the UK illegally and to punish those employing them. The message from the UK Border Agency to those illegally employing migrant workers is "more raids are planned, and you will be caught."

For help with reviewing your recruitment procedures,  and confidential advice about any concerns you might have, please contact solicitor Kirsty Cooke at Ashfords LLP on 01392 333908, or k.cooke@ashfords.co.uk