Illegal working is a pressing issue in the UK, and it is essential for both employers and employees to understand the legal implications involved. The primary legislation governing this area is the Immigration, Asylum and Nationality Act 2006. This law outlines the responsibilities of employers in verifying the right to work of their employees and the penalties for failing to comply.
Under the Immigration, Asylum and Nationality Act 2006, employers must conduct “right to work” checks before hiring any employee. This involves verifying that the individual has the legal right to work in the UK by examining specific documents. Acceptable documents include a valid passport, a biometric residence permit, or other official documentation that confirms a person’s immigration status.
If an employer fails to perform these checks and is found to have employed someone without the right to work, they can face civil penalties. The Home Office has the authority to issue a civil penalty notice, which can result in fines of up to £20,000 for each illegal worker employed. The amount of the fine can vary based on several factors, including the number of illegal workers, the employer’s history of compliance, and the level of cooperation during the investigation.
To protect themselves from penalties, employers should maintain thorough records of the right to work checks they perform. This includes keeping copies of the documents used to verify an employee’s status. If an employer can demonstrate that they conducted the necessary checks, they may be able to avoid penalties even if an employee is later found to be working illegally.
For workers, understanding their immigration status is crucial. Working without the proper authorization can lead to severe consequences, including removal from the UK and a ban on re-entry. Individuals should seek legal advice if they are uncertain about their right to work.
the legal framework surrounding illegal working in the UK emphasizes the importance of compliance for employers and awareness for workers. By adhering to the provisions of the Immigration, Asylum and Nationality Act 2006, employers can protect themselves from significant financial penalties, while workers can avoid the risks associated with unauthorized employment. If you have further questions or need assistance, Kash Legal Services is here to help you navigate these complex issues.