In the UK, employing illegal workers is a serious offence with heavy consequences. Employers can face hefty fines and, in some cases, even imprisonment if they are found to be breaking the law. This article will provide an overview of the harsh penalties for employing illegal workers in the UK. We will look at what constitutes an illegal worker, the penalties, and how employers can ensure they comply with the law.
The penalties
Employers employing illegal workers in the UK can face severe legal action. This can include fines of up to £20,000 per illegal worker and a potential prison sentence of up to five years. As it’s a heavy fine & penalty, the employer should submit a sponsorship licence application and get a lawful employee to avoid legal action or penalty.
It is a criminal offence under the Immigration, Asylum and Nationality Act to employ an individual who does not have the right to work in the UK or has breached their stay conditions. Employers can be prosecuted even if they are unaware that an employee doesn’t have the right to work in the UK.
It’s the employer’s responsibility to check
Overall, employers must ensure that any workers they employ have the right to work in the UK and comply with all regulations related to employment law. Failure to do so could result in costly fines and even imprisonment.
An employer must carry out a right-to-work check for all potential employees regardless of nationality. This means that employers must check passports and relevant documents to ensure that a person has the right to work in the UK before employment. If employers fail to do this, they will be penalised.
Who is classed as an illegal worker?
An illegal worker works in the UK without the right to do so. This includes anyone who is not a British citizen, EEA (European Economic Area) national or has indefinite leave to remain in the UK. Employers should submit a sponsorship licence application and hire only legal workers if they need workers.
The Home Office has the power to issue Civil Penalties ranging from £20,000 to £40,000 per illegal worker, depending on the seriousness of the breach. These penalties are issued where there is no evidence of fraudulent behaviour or dishonesty by the employer, but the company still fails to conduct proper checks.
How to avoid employing illegal workers
Employers in the UK have a legal responsibility to ensure that all workers they hire are legally allowed to work in the country. This includes verifying a person’s right to work before they start their job.
The best way to avoid employing illegal workers is to check the immigration status of all prospective employees. The Home Office guides how to do this. Employers should always request and retain original documents, such as passports or residence permits, as proof that a person has the right to work in the UK.
Additionally, employers should regularly monitor their workforce and update their records accordingly. Doing so can help employers stay compliant with the relevant laws and regulations and identify any changes in an employee’s immigration status that could render them ineligible for employment in the UK.
