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Guidance to avoid employing illegal workers

Since 29th of February the penalties for employers who hire illegal workers are stiffer than ever. The maximum fine is £10,000 for each illegal worker found at a business and employers who are found to be knowingly breaking this law could face a prison sentence.

The Government has published guidance on how to avoid hiring illegal workers. Employers in the tourism industry should be aware of this issue.

Proof of Eligibility

There are a number of documents that can be accepted as proof of eligibility but it is important to remember that in most cases it is necessary to see a combination of at least two or three documents. Firstly a National Insurance number must be shown and should be accompanied by a document such as a birth certificate or passport that proves British citizenship or a work permit that shows the holder is entitled to work in the UK. If this can't be provided then other proof of eligibility but must be shown.

Examples are listed in the documents below or on the Home Office Website

Discrimination Issues

One other consideration is avoiding racial discrimination when applying these checks. The simplest way to avoid this is to ask ALL new employees to provide proof. This will protect you from claims of racial discrimination.

More Information

For more information read the advice in either of the two documents below. One is the full guidance whilst the other is a useful summary.

For advice on the restrictions placed on Bulgarian and Romanian workers since their inclusion in the European Union visit the following Home Office link