Business Management zone

Do you check for illegal workers?

New laws tackling illegal migrant workers come into force on 29 February which mean employers face higher penalties for taking on illegal workers. Under the regulations, firms face fines of up to £10,000 per staff member or even a two year prison sentence for knowingly employing illegal workers.

Ahead of the new rules, we're interested to know at what point, if at all, you check the legality of new workers. So far, the majority of respondents admit they check workers' legality at no point. Add your views in the latest poll on AccountingWEB's sister website UK Business Forums.

Dan Martin
Administrator, UK Business Forums
info@ukbusinessforums.co.uk


Number of comments: 1

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Mark Gauden, 4-Feb-2008

Law been in place for more than 10 years
There have been laws in place regarding employers' responsibilities for checking out the ability of workers to legally work in the UK for UK employers for at least 10 years.

So the February 2008 date referred to is presumably an extension of the c. 1996 legislation ?

Ever since I received (as an employer, from the Home Office) the 22 page full colour brochure entitled

"Prevention of illegal working
Guidance for employers"

I have been educating clients for about 11 years now about new workers and the need to see proof of identity and allowability to work in the UK. This education takes the form of a "new employee" form also covering the need for a P45 or P46 form [to counteract the myth that so often has been related to me by employers of casual labour that "there's an allowance for casual labour (without any paperwork) isn't there?"] .

On the form that I designed it states that a full 22% tax must be deducted if there's no P45 or appropriate certification on P46 (or P38s). It also states that it is illegal to employ workers who have not been checked out per the guidance in the c. 1996 brochure.

If the revised legislation introduces more procedures then I'll have to update my 1996/97-designed new employee form.