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 may not be 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.  It’s important for employers to understand their potential liability with regard to employing migrant workers.

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.

The Government introduced measures to help tackle illegal migrant working in 2008.  These include:

• a system of civil penalties for employers who employ illegal migrant workers of up to £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 UK Border Agency’s website. 

It’s also important to ensure that your business has liability insurance in the event of accidents.

This article contains public sector information licensed under the Open Government Licence v1.0

Last reviewed 27 May 2011

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