Are you fully aware of the cost to your business of non-compliance with the law relating to employing workers without the right to work legally in the UK?

Most employers will be aware that with effect from 29 February 2008, immigration legislation introduced provides for both criminal and civil penalties to be issued against an employer found to be employing workers illegally. The employer can be issued with a maximum penalty of £10,000 fine per illegal worker.

In July 2010 the UK Border Agency has issued notices of liability and imposed civil penalties on 166 businesses in the Midlands and East of England regions alone, with fines totalling in excess of £1.2 million. The trading name, location, postcode, number of illegal workers and amount of civil penalty imposed is published on a monthly regional list on the UK Border Agency website. Aside from the financial cost to your business, this is not good PR.

The UKBA also has a press department that contacts the local newspaper to print a story on the business found to be non-complaint. We should point out that often tax and other compliance issues are uncovered as a result of a visit by the UKBA as they have the right to share information with the Inland Revenue Department and Department of Work and Pensions.

To assist you we have prepared a leaflet you can look at as a guide. Please note that the civil and criminal penalties are relevant to all employees if you are unable to demonstrate adequately to the UKBA official that you have the correct documentation to prove that employees right to work legally in the UK, irrespective of whether or not they are “foreign” nationals. These should be available upon request in the event of the UK Border Agency carrying out enforcement and compliance visits. We would therefore advise employers to obtain advice at the earliest opportunity to safeguard their businesses.  At Birkett Long we offer a free guide on the law. We can also carry out an audit service for your company and training to relevant staff members in the relevant issues.

For more information or to discuss any of these issues please feel free to contact Ashlee Campbell on 01206 217357 or Miranda Leate on 01206 217356.