Tuesday, 27 March 2018

Are your workers illegal?

Shropshire employers could be held personally responsible if they fail to check whether their staff have the right to work in the UK.

Employment law specialist, John Mehtam, from Martin-Kaye Solicitors in Telford, said 20 directors from 16 separate companies nationwide were disqualified in the last year for employing illegal workers.

“As well as a lengthy disqualification, the directors were also fined a total of £505,000, so it’s clear that turning a blind eye to the status of your employees is not a wise move.”

Mr Mehtam said no matter what size of company an employer may run, every director is legally required to ensure that the business is taking the necessary steps to prevent illegal working.

“Even if you’re a very small business, the legal requirement applies to all companies and all directors.”

He said directors should ask the prospective employee to provide the company with original documents showing they had permission to work in the UK, and then check the paperwork in their presence.

“You need to be sure that the documents are genuine, and that the person handing them over is the rightful owner – you should also check they confirm the person is allowed to do the type of work you have available.

“Double check too whether the paperwork says they have a permanent right to live and work in the UK, or whether it’s only a temporary permission. If it’s only temporary, you’ll need to carry out follow-up checks in the future.

“Take a copy of the original documents in a format which cannot be tampered with, and keep a record of the date the checks were made. You should never accept a copy of a document because it’s your responsibility to check it is valid, and if the document turns out to be fake, you’ll be held personally liable.”

Mr Mehtam said as well as disqualification, the maximum penalty for employing illegal workers due to inadequate employment practices is £20,000 per illegal worker.

“As long as you take precautionary steps to check the status of your employees, you should be able to defend yourself if an illegal worker is discovered on your payroll. Make sure you keep all the paperwork on file while the employee works for you, and for two years after their employment ends too.”