Employing Workers From Abroad
Author(s)Miranda Leate
New legislation came into force at the end of February 2008, which applies to any employer whose employs overseas nationals.
In an area of fast changing law it isn’t always easy for employers to keep abreast of their obligations, but penalties under the new law of up to £10,000 per illegal worker means it makes sense to know the law and be sure you are acting in compliance with it.
The Border and Immigration Agency (BIA) will be carrying out random checks on businesses in an attempt to crack down on illegal working. Employers found in breach of the law could also face criminal prosecution with a maximum two year prison sentence and an unlimited fine – proving that the new legislation has ‘teeth’!
The most significant changes are:
- If you currently apply for work permits on behalf of overseas nationals, you should note that you will need to ‘license’ your business by registering it on a Home Office list. An ‘A’ list and a ‘B’ list has been set up to which employers will be allocated according to need. Compliance to the scheme will be monitored and as an employer you will be accountable to the BIA; this includes providing them with certain information about the overseas national such as when their employment comes to an end.
- If you are about to take over another business you will already be familiar with TUPE, which sets out obligations when ownership is transferred. The BIA will expect businesses taking over a business that employs foreign workers to already hold a licence; if this isn’t the case the business will be given 28 days to comply or face possible prosecution.
Although it may sound daunting, the law should help clarify to employers where their responsibilities start and end. All employers who currently employ, or who intend to employ, foreign nationals, need to make sure they understand how the law applies to them. Overseas workers can enhance a business with their skills, culture and commitment, but make sure these assets are not threatened through ignorance.
For information and advice on immigration and employment law, contact the team at Birkett Long Solicitors. Written by Miranda Leate, immigration law specialist. Tel: 01206 217356 or email miranda.leate@birkettlong.co.uk
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Colchester Business Gazette
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