The Government has announced new measures to prevent illegal working in the UK.  From 29 February 2008 employers face a penalty of £10,000 for each illegal migrant worker employed.    However if an employer is found to have knowingly hired illegal workers the fine could be unlimited and directors or managers could face up to two years in prison.

In addition to tightening up the penalties, the new measures are aimed at making it easier for employers to carry out the pre-employment checks required.

A draft Code of Practice, explaining the necessary checks and how penalties will be calculated,  has been laid before Parliament.  It indicates that there will be a sliding scale from £0-£10,000 based on a number of factors including the nature of checks that have been carried out and the number of previous warnings/penalties that an employer has received.

The existing rules, where it is a criminal offence to fail to carry out the necessary checks, will be repealed.  However this does not indicate a softening of approach.  On the contrary, the Government view the new civil penalty regime as a more flexible, and therefore more enforceable, regime to crack down on illegal working.

Posted: November 29th, 2007 under Employment/HR.
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