Director disqualifications prompt warning on illegal workers
Jo Wright - warning to employers.
BUSINESS owners are being warned to watch out for illegal workers or risk tough action from the Government and the courts.
Hull-based employment law specialist Jo Wright of Bridge McFarland Solicitors said the recent disqualification of two directors demonstrates the risks to businesses of failing to carry out checks to detect illegal workers.
She added that employers could face heavy fines and even imprisonment if they are found to have hired people who are not eligible to work in the UK.
The warning follows two separate cases in which businesses were found to be employing illegal workers in contravention to the Immigration, Asylum and Nationality Act 2006. In each case the business went into liquidation and joint investigations between The Insolvency Service and the Home Office led to a boss in each company being declared unfit to act as a director and disqualified for six years and seven years respectively.
Jo, a Chartered Legal Executive, said: “Both cases involved food outlets but overseas workers are employed in many business sectors and it is the responsibility of the owner to ensure everyone in their workforce has the right to work in the UK.
“Employers who hire illegal workers can face a fine of up to £20,000 per illegal worker. If convicted for knowingly recruiting an illegal worker, employers can face up to six months imprisonment in addition to an unlimited fine. A case which goes to the Crown Court can carry a two-year prison sentence.”
Jo urged employers to check Home Office lists before hiring staff to find out whether they can work in the UK and for how long.
She said: “These cases are a useful reminder to employers to check that staff have the right to work in the UK. The checks should be carried out before employment commences and can be a condition of a job offer.
“If the worker only has time-limited leave to remain in the UK, the employer will have to carry out periodic checks – at least every 12 months and, in any event, when leave is due to end.”
