Employment Matters March 2008

Measures Preventing Illegal Migrant Working in the UK

It seems that nobody really knows what the levels of migration into the UK are but a recent Labour study suggested that the number of foreigners in the UK has just hit over two million. This would be the equivalent to 1 in 14 of the total working population.   The arguments about whether this level of migration is essential for the well being of the economy or an out of control drain on local resources go on and on.

In the light of what is indisputably a growing foreign population, in January of this year the Government announced a ten-point plan to achieve what could be the biggest shake up of the immigration system to date. The Government have already implemented finger print checks before a visa is issued. The latest measures to be implemented are changes to the penalties for employers who do not make the correct checks to ensure that job applicants are entitled to work in the UK before they hire them.

What are the new changes going to be?

On 29 February 2008, new measures came into force to tackle the problem of illegal workers in the UK placing responsibility for checking a migrant job applicant’s right to work here firmly on the employer.  Employers already had an obligation to carry out certain checks but under the new regime the penalties are tougher and the employers’ obligations are ongoing.
 
The measures include a system of civil penalties for employers who employ illegal migrant workers with a maximum penalty of £10,000 per illegal worker and a new criminal offence for employers who knowingly employ illegal migrant workers, which will carry a maximum two year prison sentence and/or an unlimited fine.

Employers found to be in breach of the law will be fined on a sliding scale. Factors that will be taken into account when determining the level of fine include:

• the nature of the checks that have been conducted;
• whether the employer reported suspected illegal workers to the Border and Immigration Agency;
• the employers co-operation with the Border and Immigration Agency; and
• the number of previous offences.