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

Plans approved for Lancashire's tallest residential block Altura Preston

Plans approved for Lancashire's tallest residential block

29 Apr 2026

2

Wilson Mason Architects achieves Investors in People Gold accreditation Eleanor Wood

Wilson Mason Architects achieves Investors in People Gold accreditation

29 Apr 2026

3

Loom Loft partners with Clicky to support digital growth Boyd Hargreaves and Loom Loft

Loom Loft partners with Clicky to support digital growth

28 Apr 2026

4

Breck reveals £380m development pipeline Bourne Road

Breck reveals £380m development pipeline

27 Apr 2026

5

ICT Reverse hits record £11.8m turnover Sophie Gray ICT Reverse

ICT Reverse hits record £11.8m turnover

27 Apr 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
LBV128 May/June Magazine Networking Event
Canva - Mag Launch
Networking
19 May 2026

LBV128 May/June Magazine Networking Event

Colne Market Hall, Lancashire, BB8 0HS

08:30 - 10:30

Funding Summit
Funding Logo Canva Mid
Summit
17 Jun 2026 - 17 Jun 2026

Funding Summit

Village Hotel Blackpool

08:30 - 11:00

Dazzle & Decadence
Dazzle & Decadence TryBooking Header.png.png
LBV Hub Fundraisers
30 Apr 2026

Dazzle & Decadence

Ainsworth Jewellers, 57-59 Darwen St, Blackburn, BB2 2BW

18:00 - 20:00

Manufacturing for Tomorrow Club
Example.png.png
LBV Hub Seminars
30 Apr 2026 - 30 Apr 2026

Manufacturing for Tomorrow Club

University of Lancashire, Preston, PR1 2HE

09:00 - 11:30

Blackburn Beer and Gin Festival 2026
Blackburn Beer and Gin Festival 2026
LBV Hub Social
01 May 2026

Blackburn Beer and Gin Festival 2026

BB1 8NB

17:00 - 23:00

Society1 Open Coworking Day
LBV Hub Networking
06 May 2026 - 06 May 2026

Society1 Open Coworking Day

Society1, Coworking Space, Preston, PR1 3LT

10:00 - 16:00

The AI Lab: E-commerce
LBV Hub Seminars
08 May 2026 - 08 May 2026

The AI Lab: E-commerce

Door4, Burnley Wharf, Manchester Road, Burnley, BB11 1JG

09:00 - 11:30

Emergency First Aid at Work
LBV Hub Seminars
08 May 2026 - 08 May 2026

Emergency First Aid at Work

FGH Training, 3rd Floor, Storey House, White Cross Business Park, Lancaster, LA1 4XQ

09:00 - 16:00

Fire Warden Training
Logo.jpg.jpg
LBV Hub Seminars
11 May 2026 - 11 May 2026

Fire Warden Training

Bell Lancaster, Cleveley House Farm, Miller Brow, , Forton, PR3 1DR

09:00 - 15:00

The Business Network Central and East Lancashire
LBV Hub Networking
14 May 2026 - 14 May 2026

The Business Network Central and East Lancashire

Longridge House, Preston, PR3 2TB

11:30 - 14:15

Research and Knowledge Exchange Festival 2026
Spark 2026 newsletter v3-5 (1).png.png
LBV Hub Seminars
18 May 2026 - 22 May 2026

Research and Knowledge Exchange Festival 2026

University of Lancashire, Preston, PR1 2HE

10:00 - 20:00

LBV129 July/August Magazine Networking Event
Nov/Dec Networking Event
Networking
16 Jul 2026

LBV129 July/August Magazine Networking Event

Brysdales, Britannia Buildings Drumhead Road, Chorley, PR6 7BX

16:00 - 18:00

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 LBV124 Online Graphic
Subscribe now

Weekly news bulletin