Proposed amendments to the Immigration Bill 2015-16, currently progressing through Parliament, make it clear that employers have a statutory obligation to prevent illegal working by carrying out document checks on their employees’ right to work in the UK. Failing to do so can result in a £20,000 civil penalty per illegal worker and potentially a criminal conviction.
The new bill may be law by this summer, and it will bring in changes to the checking regime, together with additional powers for immigration enforcement officers. If it goes ahead, the legislation will allow immigration officers to seize the earnings of anyone found to be working illegally. Under the current law, an employer commits a criminal offence if he or she knowingly employs an individual who does not have permission to work in the UK. In future, an employer may be found guilty if they had ‘reasonable cause to believe’ someone was an illegal worker.
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