|How to avoid employing illegal workers|
Civil penalties provided by the 2006 Act
Whilst the 2006 Act makes employers liable to civil penalties for employing illegal migrant workers, it also allows employers to have an excuse against payment of a civil penalty for doing so. Employers can have the excuse by carrying out specific checks on the original documents of prospective employees. Employers will only have the excuse for employees with time-limited leave to be in the UK if they carry out repeat checks at least once every 12 months. The documents that should be, or have been checked for staff employed from 29 February 2008 are described in the guidance booklets published by the UK Border Agency in February 2008 and on the Business Link website.
Under the 2006 Act, it is a criminal offence to knowingly employ a person aged 16 or over who is subject to immigration control and who has no permission to work in the United Kingdom, or who works for you in breach of their conditions of stay in the United Kingdom.
Employing European Economic Area nationals
Penalties for employing illegal migrant workers
If you employ or have employed an illegal migrant worker from 29 February 2008 and do, or did not have an excuse you could be liable for a civil penalty of up to £10,000 per illegal worker.
Under the Accession (Immigration and Worker Authorisation) Regulations 2006, an employer can be fined a maximum of £5,000 per illegal worker for employing a non-exempt Bulgarian or Romanian who does not have permission to undertake the employment in question from 1 January 2007