03-03-2008
New Immigration rules
On the 29 February 2008 the Immigration, Asylum and Nationality Acts 2006 came into force setting a stricter regime for employing overseas workers.
Prior to this date the law required employers to ensure that their employees were entitled to work in the UK. The maximum fine under the old regime was £5,000 per illegal worker.
The new act provides a stricter but clearer approach, the key change being a Civil Penalty for employers of up to £10,000 per employee for carelessly employing an illegal worker.
There will be a defence to this where the employer can prove that it has copied and retained copies of passport, P45 or birth certificate and these documents show an entitlement to work in the UK.
In the event that an employer knowingly employees an illegal migrant worker the maximum penalty is 2 years in prison plus a fine.
Prior to this date the law required employers to ensure that their employees were entitled to work in the UK. The maximum fine under the old regime was £5,000 per illegal worker.
The new act provides a stricter but clearer approach, the key change being a Civil Penalty for employers of up to £10,000 per employee for carelessly employing an illegal worker.
There will be a defence to this where the employer can prove that it has copied and retained copies of passport, P45 or birth certificate and these documents show an entitlement to work in the UK.
In the event that an employer knowingly employees an illegal migrant worker the maximum penalty is 2 years in prison plus a fine.
