Employing non-UK staff is another topical issue which can cause employers a severe headache (as well as a hit to the bottom line). Employers are attracted to recruit non UK citizens with certain specific skills required in their business.
There are a number of pitfalls to be aware of in what has become a politically sensitive area.
The Immigration, Asylum and Nationality Act of 2006 made it a criminal offence to knowingly employ someone who does not have the right to enter the UK or who does not have leave to remain. This carries a prison sentence of up to 2 years and/or an unlimited fine.
In addition there is a civil penalty for employing someone even if you can show you were not aware they lacked the right to work, and it can be shown that your employment policies were negligent. The fine can be up to £10,000 per employee.
Carrying out the proper checks on potential employees from overseas prior to engaging them will enable an employer to avoid civil liability. Such checks include being able to prove sight of identification documents which show that the potential employee is not subject to immigration control or has no restriction on their stay in the UK. Alternatively, the potential employee may have the right to remain in the UK for a limited period and/or have restrictions on their right to work.
To minimise your risk as an employer, at the very least you need to take the following steps:
- Firstly, have sound employment procedures in place; these start with recruitment practices and reminders;
- Secondly, make sure your contract of employment is in place and includes the right for you to dismiss summarily in the event that the employee is found to have misrepresented their status and/or failed to inform you of any change.
If you require assistance with these or any other risk management issues concerning employment, please give us a call on 01709 817112
Ian Clay
Walker & Co