Last week the Attorney General, Baroness Scotland, was fined £5,000 after employing a housekeeper who was not legally allowed to work in the UK. The Attorney General claims to have checked the employee’s passport, but admitted not taking a copy of it.  However, the housekeeper now claims that the Attorney General did not see her passport before giving her the job.

This case should prompt employers to ensure they understand their legal obligations as ignorance is not a defence and can lead to substantial fines and, in certain cases, criminal liability.

The steps employers must take to check that a prospective employee has the right to work in the UK are as follows: 

1.  Check what types of documents can be relied upon.

2.  Obtain the original document(s) and take reasonable steps to check the documents validity and that it relates to the prospective employee.

3. Take a copy of the relevant page(s) of the document and store it securely for the duration of the employment and for two years afterwards.

4.  If you are relying upon ‘List B’ (i.e. time limited) documents then you must repeat the above checks at least every 12 months.

An employer can face a fine up to £10,000 for each illegal worker employed if it has failed to carry out full checks and retained the necessary documents.
 
Employers may also be guilty of a criminal offence, and a term of imprisonment of up to 2 years, if they knowingly employ an illegal migrant worker.

Posted: September 29th, 2009 under Employment/HR.
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