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

Plant Hire company to expand with funding from HSBC Buckhurst Plant Hire

Plant Hire company to expand with funding from HSBC

27 Feb 2026

2

Zuber Issa makes a French connection EG On The Move

Zuber Issa makes a French connection

26 Feb 2026

3

Northern Trust submits plans for a commercial development in Morecambe Northern Trust submit proposed plans for Morecambe

Northern Trust submits plans for a commercial development in Morecambe

25 Feb 2026

4

Aviktas comes to life as new ride spins for the first time at Pleasure Beach Resort Aviktas ride

Aviktas comes to life as new ride spins for the first time at Pleasure Beach Resort

24 Feb 2026

5

AFD Systems accelerates digital transformation with Made Smarter funding AFD Systems

AFD Systems accelerates digital transformation with Made Smarter funding

24 Feb 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
LBV127 March/April Magazine Networking Event
Jan/Feb Networking Event - Closer up
Networking
19 Mar 2026

LBV127 March/April Magazine Networking Event

Salmesbury Hall, Preston New Road, Lancashire, PR5 0UP

08:30 - 10:30

AI & Cybersecurity Summit
AI and Cybersecurity Logo
Summit
28 Apr 2026

AI & Cybersecurity Summit

Dunkenhalgh House , Blackburn Road, Clayton Le Moors, BB5 5JP

08:30 - 11:00

LBV128 May/June Magazine Networking Event
Jan/Feb networking event - hands up image
Networking
14 May 2026

LBV128 May/June Magazine Networking Event

Lancashire

08:30 - 10:30

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

LBV129 July/August Magazine Networking Event

Lancashire

08:30 - 10:30

LBV130 September/October Magazine Networking Event
Jan/Feb Networking Event - Entrance
Networking
17 Sep 2026

LBV130 September/October Magazine Networking Event

Lancashire

08:30 - 10:30

LBV131 November/December Magazine Networking Event
Networking
19 Nov 2026

LBV131 November/December Magazine Networking Event

Lancashire

08:30 - 10:30

RISE - Lancashire's unique leadership programme for women
thumbnail_Emma Weston Illustration WENDY BOWERS RISE Illustrstion.jpg.jpg
LBV Hub Seminars
22 Oct 2025 - 18 Mar 2026

RISE - Lancashire's unique leadership programme for women

East Lancashire Chamber of Commerce, Clayton le Moors, BB5 5JR

09:30 - 15:30

Spring Forecast 2026 LIVE: Insights with PM+M
Spring Forecas.jpg.jpg
LBV Hub Seminars
03 Mar 2026 - 03 Mar 2026

Spring Forecast 2026 LIVE: Insights with PM+M

Blackburn Rovers Football Club (Red Rose Suite), Ewood Park, Blackburn , BB2 4JF

12:00 - 15:00

Chamber Breakfast Networking – March
Logo.jpg.jpg
LBV Hub Networking
03 Mar 2026 - 03 Mar 2026

Chamber Breakfast Networking – March

The Storey, Lancaster, LA1 1TH

08:00 - 10:00

Lancashire Lifesavers
Logo.jpg.jpg
LBV Hub Networking
03 Mar 2026 - 03 Mar 2026

Lancashire Lifesavers

The Story, Lancaster, LA1 1TH

10:15 - 11:15

Your marketing measurement is useless
Event header.png.png
LBV Hub Seminars
04 Mar 2026 - 04 Mar 2026

Your marketing measurement is useless

Brockholes Nature Reserve, Preston, PR5 0AG

09:00 - 12:00

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions
MHA-BTI Logo_black (002).jpg.jpg
LBV Hub Networking
05 Mar 2026 - 27 Dec 2025

Tech without the turmoil: How Finance Leaders can drive smarter digital decisions

Farington Lodge Hotel, Stanifield Lane, Farington, Preston, PR25 4QR

08:00 - 10:00

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