SUBSCRIBE TO OUR NEWSLETTER

Back

Recruitment/Immigration

Employers who employ illegal migrants through less than diligent recruitment and employment practices can face penalties of up to £10,000 for each illegal worker.

Of greater concern is the fact that any person who believes they have been discriminated against on racial grounds has the right to take their case to a Tribunal, so employers must be careful to balance their duty to ensure workers are legally entitled to work in the UK with their duty not to discriminate. Tribunals can order employers to pay unlimited compensation.

Practical Steps

To decide whether an individual has the right to work in the UK and to establish a defence against possible prosecution, employers must assess eligibility. This can be achieved by verifying specified documentation from lists drawn up by the Home Office. A Code of Practice helps employers to comply with the law. A complete list of specified documents can be found in the Code (www.homeoffice.gov.uk) but examples include:

• a permanent residence card issued by the Home Office or the Border and Immigration agency;
• evidence that the applicant is a UK citizen and has the right to live in the UK such as a passport.
• evidence that the applicant is a national of the European Economic Area or Switzerland, such as a passport or national identity card.

It is equally important not to discriminate on grounds of race, colour, ethnic or national origin or nationality. The best way to avoid potential dicsrcimination is to treat all prospective employees exactly the same way at each stage of the recruitment process.

Failure to check eligibility and/or failure to follow a diligent recruitment process could prove extremely costly. It is imperative that employers understand their obligations if they are to avoid financial penalties and/or prosecution and protect not only their reputation but their investment in staff.

If you have any queries on this or any other employment matter please do not hesitate to call Alan Lewis on 0161 234 8812 or email alanlewis@georgedavies.co.uk

Back