Preventing Illegal working in the UK
If you are a business operating in the UK you need to be aware of the law and compliance procedures concerning illegal working by overseas migrant workers.
This is because the consequences of getting it wrong are particularly serious for any business. The Immigration Asylum and Nationality Act 2006 makes provision for civil penalties of up to £10,000 per illegal worker to be imposed by the Home Office in cases where the rules are found to be breached, and the employer is non-compliant with the regulatory regime.
Recent Cases
These have included fines in excess of £150,000 being levied on individual businesses as a result of “civil penalty fines”, following unannounced visits to business premises by enforcement officers. The nature of the civil penalty is such that the fine can be imposed without recourse to a court of law, although there is a right of appeal to the County Court after the fine has been incurred.
Criminal Liability
There is also the possibility of liability for criminal prosecution of any director or “officer” (eg a human resources manager) of the company if found to be “knowingly” employing any worker who does not have permission or status to work in the UK.
Complexity of the Law
- This area of law is potentially complex and employers may innocently become liable to pay civil penalty fines through employing a person with e.g permission to work only ten hours per week (some students) for longer periods than permitted, or employing a worker who has permission to work for one specified employer only.
- The potential consequences for a business of imposition of a large civil penalty fine are obviously serious, and it makes business sense for employers to be sure that just as they are aware of their potential liabilities and duties with regard to tax and national insurance, that they keep informed as to steps they need to take to manage the risks of employing potentially illegal workers, to avoid civil penalty fines and/or prosecution.
- It should also be remembered that criminal liability under the Act can be incurred by individual officers or representatives, and that in some cases company directors can acquire a criminal conviction and/or be disbarred from acting further in that capacity.
Protection for Employers
- Employers can protect themselves against these sanctions by ensuring that they carry out the Home Office recommended “document checks” prior to commencement of the employment of the worker concerned.
- All workers’ documents must be checked to avoid discrimination in recruitment practices. It should be noted that since the British Nationality Act 1981 came into force, not all those born in the UK acquire British Citizenship or the right to live and work here, and it is recommended that all workers should present the required original documents before starting employment, e.g presentation of a British passport which should then be copied and retained by the employer.
Which documents should the Employer check?
- The documents the employer should check are categorized by the Home Office in two groups. “List A” documents relate to those workers with an on-going right to work in the UK, e.g a British Citizen passport. “List B” documents demonstrate a limited right to work in the UK only, e.g in cases where a worker’s right to work will expire on a specified date, e.g. A Tier 1 “Post-Study Work” visa which is time limited until date of expiry.
- The law relating to assessment of immigration status and the right to work in the UK is complex, however if the “document checks” are carried out properly, they will give the employer a “statutory excuse” against sanctions, including possible payment of a large fine, if it later transpires that the employee does not have the right to work in the UK.
- Employers also need to be aware that possession of a National Insurance number does not of itself provide an excuse from any of the sanctions under the Act, as permission to work can be lost even if held for some years, and the N.I. number will not then be proof of entitlement to work.
If you are an employer or a worker in need of advice or assistance on any of these issues, please do not hesitate to contact Miranda Leate of our immigration team by email MLeate@jdspicer.co.uk or Kam Dhanjul on 0207-625-5590 who will be pleased to help.
We can offer on-going support at reasonable fixed rates to our business and individual private clients and provide a friendly and effective professional service.
How can we help?
Common questions
We always work with the most experienced and best leading UK barristers, KCs (Kings Counsel). We cover all criminal cases 24/7 at the police station and court. Offices in London, Birmingham, and Manchester cover cases across England and Wales. We can offer Legal Aid and affordable Private fee agreements. We can see you the same day, including virtually. Our Senior Partners supervise all of our cases.
How quickly do you respond?
We respond quickly even during out of hours. We do not get our work by paying for online adverts but based on the fact that few criminal law firms can match our 45 years of experience. Most of our cases are still from word-of-mouth recommendations from satisfied clients. We are called daily by dissatisfied clients from firms with less experience than us. We respond very quickly to new enquiries. We know what clients seek and so we update clients rapidly.
Can you get cases dropped?
Yes, read about the recent cases we've helped our clients with here.
We always keep you updated and give straightforward advice. We will get cases dropped early where the case is weak or should not be prosecuted. We will be upfront with you about where you can benefit from a good result with an early guilty plea, such as a discount on your sentence. As we work on cases across all levels with clients from all walks of life, we are excellent at giving clear, spot-on advice. As an established firm, we can allocate a whole team to your case often at short notice to secure evidence to minimise the damage to you.
Have you won any awards?
OUR PROFESSIONAL BODY THE LAW SOCIETY AWARDED US IN OCTOBER 2020 WITH THE EXCELLENCE IN CLIENT SERVICE AWARD AND STATED -
"JD Spicer Zeb demonstrated a clear commitment to client service through their work with vulnerable and diverse individuals in what can be severely traumatic circumstances".
Do you offer free consultations?
Where it is possible, we aim to provide an initial consultation to you. If we can speak to you, we can if required inform you about –
- Whether we can take the case on and our relevant experience.
- Public and private funding benefits.
- Assistance in applying for legal aid where we are likely to accept instructions.
- An outline of options in police interview only. We will not advise you on which option to adopt.
- Providing our free written guide explaining the police station process.
- The gravity of routine and day-to-day offences you face.
- Consequences of not attending the court or police station.
- Consequences of interfering with any witnesses.
- Retaining any evidence in support of your case.
- If possible an outline of the elements of the offence that the police or CPS must prove.
- This consultation will normally be by telephone or email and will only be for as long as we deem necessary to establish if we can act for you. If we cannot usefully give you any advice in this manner then we will not continue with the consultation. We will not discuss the case in depth for you to be able to decide on your plea or any significant aspect of the case, as this cannot be undertaken informally.
- Referring you, if possible, to other firms for matters out of our specialism or if we cannot help.
Consultations do not apply to the following cases –
- If we do not intend to take the case on.
- Road Traffic cases, drink driving, drug driving, driving bans, speeding, no insurance, mobile phone use, points etc.
- In all cases where we do not have the capacity to take your case or the availability of suitably qualified staff to provide an initial free consultation. This is applicable in all cases but especially where a more senior lawyer is required because of your personal needs or the complexity of the case.
- Harassment/stalking/ coercive behaviour/malicious communications or road traffic cases and most sensitive cases. These cases are often too complicated to assess in short consultations.
- The locations concerned may be too distant to represent you adequately or it may not be cost-effective for you or us.
- The case is too complicated to assess or raises various charges or facts, complexity, or history to be considered informally or in a short consultation.
- In most Legal aid transfers where legal aid is granted to another firm except in very grave cases, we may assess the case and merits for a transfer.
- If your relationship has broken down with your existing solicitor or several solicitors.
- If you have been released under investigation and have already had a police station attendance.
- If you hold legal aid with another firm and seek a second opinion.
- If you are calling on behalf of the client as a friend or family member unless you have full authority and full facts.
- To businesses.
- Advising whether you were given good advice by your other solicitor.
- Whether to decide to plead guilty or not guilty.
- Whether you have an arguable defence in law or factually complicated defences.
- Any advice you have had after your first court appearance.
- Any advice on appeal on conviction or sentence.
- If we feel we are unable to communicate with you.
- If we are likely to be conflicted or breach our professional rules.
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