Employing illegal workers – it isn’t worth the risk… 15 August 2017
…as the director of India Gate restaurant, in Chichester found out. He has been disqualified for six years for failing to comply with immigration law.
The disqualification follows an investigation by the Insolvency Service, which found Mr Ahmed had failed to comply with statutory obligations under immigration law; specifically that he failed to ensure relevant immigration checks were completed and documents retained. This resulted in the employment of an illegal worker and consequently a penalty notice of £15,000 being issued by the Home Office.
The disqualification prevents the ex-director from directly or indirectly becoming involved in the promotion, formation or management of a limited company until July 2023.
A Home Office spokesperson said:
“Illegal working is not victimless. It undercuts honest employers, cheats legitimate job seekers out of employment opportunities and defrauds the taxpayer.
Businesses should be aware that they have a duty to check that their staff have permission to work in the UK.
We are happy to work with employers who play by the rules but those who do not, should know that they will not go under our radar.”
Employers can face criminal prosecution and hefty fines; the maximum civil penalty for illegally employing an immigrant increased from £10,000 to £20,000 in May 2014.
On GOV.UK the UK Visas and Immigration and Immigration Enforcement have An employer’s guide to right to work checks which details:
what a right to work check is
why you need to do right to work checks whose documents you should check
how to carry out checks
when to carry out initial checks, follow-up checks and what happens under TUPE what documents are acceptable.
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Home Office publish update guidance - an employer’s guide to Right to Work checks 17 August 2017
Following on from the previous guidance published in July 2016, the Home Office have published an updated version of guidance entitled a n employer’s guide to Right to Work checks.
The aim of the guidance is to assist all employers, irrespective of size or sector to ensuring that they comply with the legal requirement to prevent the employment of illegal workers. A three step check is required to confirm that a potential employee is entitled to work in the UK.
1) obtain original versions of one or more acceptable documents 2) check the document's validity in the presence of the holder 3) make and retain a clear copy , and record the date the check was made.
The most significant updates contained in the guidance relate to:
The Chartered Institute of Payroll Professionals
Policy News Journal
cipp.org.uk
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