The thorny issue of employing illegal workers

By KMC Human Resources

17 Sep 2014

The Scottish Independence referendum is nearly here and after a summer of debate over the subject, it will be very interesting to see what the final outcome is this week.

By Karen Credie, KMCHR.

One of the topics that piqued my interest during the debate over Scottish independence has been the question of whether Scottish citizens, and therefore workers, would become ‘foreign’ in definition to the rest of the UK population.

If Scotland vote ‘yes’ in the referendum but stay in the EU, there wouldn’t be any issue for businesses in the remaining UK countries employing Scottish workers. However, if Scotland does vote for independence on 18 September, we may well see changes in employment legislation introduced in Scotland which could have implications for businesses that employ staff on both sides of the border.

If Scotland were to leave the EU, the case could be quite different; and a scenario where Scottish workers did not have automatic eligibility to work in the other UK countries could arise.

This makes for an interesting situation and some high profile companies and financial institutions have already indicated that they will relocate their company registration, and possibly their staff, south of the border in the event of a ‘yes’ vote.

Scotland aside, employing foreign workers is an interesting topic from an HR perspective. A study released only a couple of weeks ago found that foreign workers bring a £210bn boost to the UK each year and skilled ‘inpats’ account for 15pc of all output in the economy.

Of course, the legitimate employment of foreign workers can have multiple benefits for businesses; bringing in skills that are perhaps at a shortage amongst home-grown workers or simply fulfilling roles that British staff are reluctant to take on. The problems come when employers, perhaps even unwittingly, take on staff that are not eligible to work in the UK. Companies that are found to be employing illegal workers can face penalties of up to £10,000, and knowingly employing illegal foreign workers is a criminal offence – carrying a jail term and an unlimited fine.

It is important to highlight that it is the responsibility of employers, not anyone else, to check that an employee/potential employee is eligible to work in the UK - ignorance is not an excuse in the eyes of the law.

It is recommended when recruiting to obtain proof of eligibility to work in the UK and to provide details of the documentation you require at the time of making an offer of employment. Original ID documents, ie. Passport, and any work permits, should be produced and copies taken and kept on the employee’s personnel file.

If you are employing a foreign national with a work permit, check that the paperwork is legitimate and double check relevant dates and signatures. One way that employers can easily fall foul of the law is if visas expire and replacements are not sought from the employee. It is sensible to set electronic reminders for the expiration of all visas.

A periodic review of all staff personnel files and ID’s with regards eligibility to work in the UK is also advisable. Better still, why not invest in a cost-effective HR online management system that will automatically set reminders regarding expiry dates for a host of documents, such as passports, driving licences and visas. Employing foreign nationals can be a thorny issue for employers and it is important to take specialist HR advice. For more information on this topic in particular, or indeed any other HR or employment law matter, please get in touch with us.

Latest news

1

New skills hub to boost employability of Blackpool residents Realise Skills Hub

New skills hub to boost employability of Blackpool residents

26 Apr 2024

2

Working on wellbeing

Working on wellbeing

26 Apr 2024

3

£10m sports hub approved for Preston park Ashton Park Sports Hub Visual

£10m sports hub approved for Preston park

26 Apr 2024

4

Fagan & Whalley will attend Multimodal 2024 Multimodal.jpg.jpg

Fagan & Whalley will attend Multimodal 2024

26 Apr 2024

5

Blackburn College appoints new chair to corporation board Mark Allanson

Blackburn College appoints new chair to corporation board

26 Apr 2024

Background image for hub sign up block

LBV Hub

Reach 50,000 members of the Lancashire business community

Post your news
Post your events
Post your offers
Company profile
Social reach
Magazine coverage
Sign-up
Events
Business Networking in Preston- BNI Brunch
EVENT LISTING SIZING Brunch .png.png
LBV Hub Networking
26 Apr 2024

Business Networking in Preston- BNI Brunch

Samlesbury Preston Hotel, Preston New Road, Preston, PR5 0UL

09:30 - 11:00

Business Networking in Blackburn - BNI Infinity
EVENT LISTING BNI Infinity.png.png
LBV Hub Networking
26 Apr 2024

Business Networking in Blackburn - BNI Infinity

Hampton by Hilton, 2 Frontier Ave, Blackburn, BB1 3AL

06:30 - 08:30

Business Networking in Blackburn - BNI Vista
EVENT LISTING SIZING Vista.png.png
LBV Hub Networking
30 Apr 2024

Business Networking in Blackburn - BNI Vista

Hampton by Hilton, 2 Frontier Ave, Blackburn, BB1 3AL

06:45 - 08:30

Driving Energy Efficiency and Sustainability: Software Solutions for the Metal Industry
LBV Hub Webinar
30 Apr 2024 - 30 Apr 2024

Driving Energy Efficiency and Sustainability: Software Solutions for the Metal Industry

Online - Zoom, Blackpool, FY4 2FG

10:00 - 11:00

Business Networking in Chorley - BNI Endeavour
EVENT LISTING SIZING Endeavour.png.png
LBV Hub Networking
30 Apr 2024

Business Networking in Chorley - BNI Endeavour

Oak Royal, Bury Lane, Chorley, PR6 8SW

06:30 - 08:30

FREE online event - 30 Minutes: How to decarbonise your business
BU 2024 Events2.jpg.jpg
LBV Hub Webinar
01 May 2024

FREE online event - 30 Minutes: How to decarbonise your business

Online, Blackpool , FY4 1EW

10:00 - 10:30

Business Networking in Lancaster - Eden Business Network
EVENT LISTING Eden Business Network.png.png
LBV Hub Networking
01 May 2024 - 01 May 2024

Business Networking in Lancaster - Eden Business Network

The Borough, 3 Dalton Square, Lancaster, LA1 1PP

18:30 - 20:30

Business Networking in Preston - BNI Diamond
EVENT LISTING BNI Diamond.png.png
LBV Hub Networking
01 May 2024

Business Networking in Preston - BNI Diamond

The Marriot Hotel, Garstang Road, Broughton, PR3 5JB

07:15 - 09:00

Business Networking in Accrington - BNI Zeus
EVENT LISTING SIZING Zeus.png.png
LBV Hub Networking
01 May 2024

Business Networking in Accrington - BNI Zeus

The Mill House, Corn Mill Yard, Accrington, BB5 5HX

06:45 - 08:30

Business Networking in Lancaster - BNI Castle
EVENT LISTING BNI Castle.png.png
LBV Hub Networking
02 May 2024

Business Networking in Lancaster - BNI Castle

Vale of Lune RUFC, Powder House Lane, Lancaster, LA1 2TT

06:45 - 08:30

Business Networking in Burnley - BNI Kudos
EVENT LISTING BNI Kudos.png.png
LBV Hub Networking
02 May 2024 - 02 May 2024

Business Networking in Burnley - BNI Kudos

Prairie Sports Village, Windemere Avenue, Burnley, BB10 2FU

06:45 - 08:30

30 Minutes: How to decarbonise your business FREE Online Event
BU 2024 Events2.jpg.jpg
LBV Hub Webinar
02 May 2024

30 Minutes: How to decarbonise your business FREE Online Event

Online, Blackpool , FY4 1EW

14:00 - 14:30

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more Lbv115 Online Graphic
Subscribe now

Weekly news bulletin