New 'illegal working' rules come into effect

Unscrupulous bosses could also be hit with an unlimited fine, as part of the changes under new immigration laws. Firms negligent about checking whether their employees had the right to work in Britain face a new civil penalty of up to £10,000.

The Federation of Small Businesses (FSB) claimed the Immigration, Asylum and Nationality Act now required employers to understand and verify up to thirteen different forms of identification when employing foreign workers, including recognising the passports of 27 EU member states.

Alan Tyrrell, FSB employment chairman, said: "It is totally unfair to expect small business owners to act as immigration officers and then threaten them with huge fines if they slip up. It is doubly unfair when the Government then fails to adequately publicise the new rules.

"Immigration policy and the implementation of it is a matter for the Government, not for small business owners. Expecting small employers to understand and implement complicated immigration rules is ludicrous. The guidance notes alone for this piece of legislation run to nearly thirty pages."

Any excuse?

By checking specified documents from every prospective worker, employers can establish a "statutory excuse" against payment of the new civil penalty.

To establish the excuse, employers must take "all reasonable steps" to check the validity of documents belonging to employees and potential employees.

For example, they must verify they are the rightful owner of the documents, check the photograph and the date of birth against their appearance, and retain copies securely for a period of not less than two years after termination of employment

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

Laura Mitchell of Clarion Solicitors said: "The new legislation introduced this week will set an even stricter regime for employing overseas workers and it is therefore essential that employers take steps as soon as possible to prepare for the forthcoming changes.

"Implementing and following a clear written procedure based on the requirements of the 2006 Act will provide employers with greater protection against the civil and criminal penalties under the Act."

Information and advice concerning illegal working and checking the eligibility of people to work in the UK can be found on the Border and Immigration Agency (BIA) website. Various links are provided above/right.