Employers face illegal working clampdown

The Home Office said it was consulting with industry over the "tough" new legislation, that could also include civil penalties against companies that fail to carry out sufficient checks on workers.

The new measures, which are expected to come into effect early next year, are part of the Government's "illegal working action plan" designed to illegal immigration and its consequences.

Immigration minister Liam Byrne said: "To combat illegal immigration it is not enough to stop illegal journeys. We have to close down the illegal jobs that tempt people to try their luck coming to Britain.

"That means making it easier for companies to check whether someone is here legally - but also coming down much harder on businesses which break the rules or turn a blind eye."

The action plan includes a new pilot project - to be operated jointly by the Identity and Passport Service (IPS) and the new Border and Immigration Agency (BIA) - to help UK firms check migrants identity and right to work.

EU proposals

The prevention of illegal migrant working in the UK is currently governed by the Asylum and Immigration Act.

Under this law, it is a criminal offence to employ a person aged 16 or over who is subject to immigration control and who has no permission to work in the UK, or who works in breach of their conditions of stay in the UK.

The legislation also allows the employer to establish a statutory defence against conviction by carrying out specific checks on potential employees. Further information is available on the BIA website or via a helpline set up by the Home Office on 0845 010 6677.

The European Commission also put forward proposals this week that could lead to tougher sanctions against any employer within the European Union taking on illegal workers.

Under the Commission plans, EU governments would have to inspect at least 10% of company staff records - compared to the just over 2% of Europe's 22 million firms that were checked last year.

'Appropriate checks'

UK based law firm said the Home Office and EU proposals should act as a warning to employers to ensure that new recruits have the right to work in the UK.

Ansar Ali of DWF said: "It is crucial that employers carry out appropriate checks as part of the recruitment process. They must ensure that people they are hiring have the right to work in the UK currently, and in the future when any further changes are introduced.

"To avoid any potential claims of discrimination, all prospective employees should be asked for the relevant documents. Given the raft of changes in this area of the law, employers should be mindful of their obligations since the penalties for non-compliance could be severe."

Currently, employers hiring staff who do not have permission to work in the UK face fines of up to £5,000 per worker.