In the second half of 2015 over £21 million penalties were issued to employers in the UK for hiring illegal workers. And now the Immigration Act 2016 has introduced even tougher sanctions on illegal working.
Even if you have just one employee you can’t ignore the law. You could face a civil penalty of up to £20,000 if you haven’t carried out the correct right to work checks.
Illegal workers include:
- students with expired visas, or students working more hours than they’re allowed to
- people who work on a visitor’s visa
You must check that employees are allowed to work for you in the UK before you take them on; it’s your responsibility.
Obtain
Ask to see original documents such as a UK passport or Document Certifying Permanent Residence.
Checklist of suitable documents
Check
Check that the documents are genuine and that your prospective employee is allowed to do the work you’re offering.
Retain
The documents will need to be copied, dated and kept safely to prove that you’ve carried out checks.
If you want to take on a student you’ll need to obtain and keep evidence of the student’s academic term and holiday dates.
Helpful information
An employer’s guide to right to work checks
Check if someone can work in the UK
Checklist of suitable documents
Employing someone to work in your home
If you need further help call the helpline on 0300 123 4699.