New measures to prevent illegal working

Note: This is our original regulation update text, published on 29 January 2008. Unlike the rest of our site, this archived material is not updated if the law changes.
For an overview of current law in this area, see our guide: Ensuring your workers are eligible to work in the UK

Relevant to
Employers in the United Kingdom

Took effect on
29 February 2008

From 29 February 2008, employers who employ illegal migrant workers will be liable to a new civil penalty.

By checking specified documents from every prospective employee, you may establish a statutory excuse against payment of a civil penalty for employing someone not entitled to undertake the employment you have available.

For employees with time-limited leave to be in the UK, you must carry out repeat checks at least once a year to retain the excuse.

To establish the excuse, you must take all reasonable steps to check the validity of documents belonging to employees and potential employees. For example, you must:

verify that they are the rightful owner of the documents they present
check the photograph and the date of birth against their appearance
retain a copy or copies securely for a period of not less than two years after termination of the employment

If the document is not a passport or other travel document, you must keep a copy of the entire document.

If the document is a passport or other travel document, you must copy the front cover and any pages containing:

the holder's personal details including nationality
the holder's photograph
the holder's signature
the date of expiry
a visa or entitlement to enter or remain in the UK and undertake the work in question

You may only keep an employee's original documents for the period necessary for you to comply with the law.

New guidance and codes of practice will be published, which you should use to ensure you carry out the appropriate checks and, in doing so, avoid unlawful discrimination.

You will have the right within a certain period to object to a penalty to the UK Border Agency or appeal to the courts.

Full title of regulation
The Immigration (Restrictions on Employment) Order 2007 [SI 2007 3290]; The Immigration (Employment of Adults Subject to Immigration Control) (Maximum Penalty) Order 2008 [SI 2008 132]

From
UK Border Agency

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New measures to prevent illegal working

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