Employing Migrant Workers

Some people are automatically entitled to work in the UK.  Others may have restrictions on how long they can stay, whether they can work or the type of work they can do.

It is important to follow certain procedures and carry out pre –recruitment right to work checks on each potential employee, otherwise you risk prosecution for employing somebody who isn't legally entitled to work in the UK or to undertake the proposed work.  The checks that should be - or should have been - undertaken depend on when the employee is, or was, recruited.

Be aware that the prevention of illegal working can often raise race discrimination issues.  As an employer, you have a legal duty under current race relations legislation to avoid unlawfully discriminating on racial grounds.  It is therefore recommended that you undertake these checks on every prospective employee.  The best way to make sure that you do not discriminate is to treat all job applicants in the same way.

New measures to help tackle illegal migrant working came into force on 29 February 2008.  These measures include:

• a system of civil penalties for employers who employ illegal migrant workers.  Employers who negligently hire illegal workers could face a maximum fine of £10,000 for each such worker found in their employment.  The amount of the penalty will take into account the thoroughness of the employer’s identification checks and whether or not any penalties or warnings have been issued in the previous three years
• a new criminal offence for employers who knowingly employ illegal migrant workers.  This offence carries a maximum two year prison sentence and/or an unlimited fine; and,
• a continuing responsibility for employers of migrant workers with a time-limited immigration status to check their ongoing entitlement to work in the United Kingdom.

For more information about your legal responsibilities in relation to employing migrant workers and how to avoid unlawful discrimination in your recruitment practices while seeking to prevent illegal working, go to the Home Office Border and Immigration Agency’s website www.bia.homeoffice.gov.uk/employers/preventingillegalworking

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