New illegal worker legislation - May 2008
New laws tackling illegal migrant workers came into force on 29th February 2008. These laws impose new penalties (civil and criminal) on businesses that employ illegal workers.
The new measures are contained in the Immigration, Asylum and Nationality Act 2006. This act now consists of:-
- Civil penalties for businesses that employ illegal migrant workers. The new maximum penalty is a £10,000 fine per worker
- It is a criminal offence for employers who knowingly employ illegal migrant workers. The offence carries a maximum two-year sentence and/or an unlimited fine
- A continuing responsibility for employers of migrant workers, with a limited time status, to check their ongoing entitlement to work in the UK
The current law provides employers with a statutory defence from conviction if they check and record certain specified documents. The new measures will also allow an employer to obtain a statutory defence by checking prospective employees documents and undertake repeat documentation checks at least once a year.
This defence is not available to employers who know that they are employing an illegal migrant.
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