Newbury Business Today

Immigrant workers: What firms need to know

13th March 2008

Email: richard.maynard@newburynews.co.uk

More News | Back to homepage

An employment lawyer with Charles Lucas & Marshall, Andrew Egan explains new laws which will affect companies employing immigrant workers

Many businesses employ migrant workers. However, new legislation which came into effect on  November 5 last year will impose tougher sanctions on those  employed illegally.
Criminal sanctions for employing illegal immigrant workers are great. An employer found guilty of such an offence may face imprisonment for up to two years and/or an unlimited fine.
It is not just the employer company that is liable, but any partner, director, manager, secretary or similar officer who consented to, or negligently allowed, the offence to take place, can also be guilty.
Under the new legislation, the employment of immigrant workers will also carry a civil penalty. An employer will not only be subject to the same criminal sanctions, but could be fined up to £5,000 for each illegal worker they employ.
It is important that an employer takes all the necessary steps to avoid penalties which may be incurred by employing illegal workers.
If the employee is resident outside the UK and wishes to come over to begin work, a new work permit application will need to be made to Work Permits UK. 
Such an application can be made by either the employer or the worker, but must ultimately be signed by the worker before being registered.
Once the work permit is approved, a visa application will need to be made at the British Embassy or Consulate where the employee is resident. Only after this has been approved can a UK employer employ a specific person in a specific job at a specific location.
Employers who try to avoid prosecution by refusing to consider any applicants because they are foreign will contravene the Race Relations Act 1976.
Checks carried out by an employer should be conducted in a non-discriminatory manner and all job applicants should be treated equally.
Employers should also ensure that their discrimination and diversity policies reflect the growing trend of hiring migrant workers. Workers who have come from overseas are entitled to the same protection as UK-born workers.  They have the right to be treated fairly and equally, and not to be discriminated against or harassed on the grounds of their nationality, race or gender.
Failure to either have such policies in place or to adhere to those policies could prove very costly for an employer if a claim is brought by a foreign worker before an employment tribunal.
For more information, telephone Andrew Egan on (01635) 521212 or e-mail andrew.egan@clmlaw.co.uk

More From: Legal/Finance News Next Story: First step to a good working relationship