HOT on the heels of the recent announcement that the Government intends to require landlords to carry out checks on a tenant’s immigration status before signing up to a lease, the focus of the Government’s continuing crackdown on illegal immigrants has now shifted to employers.

Immigration Minister James Brokenshire has confirmed that Immigration officers are currently preparing for a series of autumn raids that will target employers in the construction, care home and cleaning sectors. The Government’s view is that illegal workers are denying UK citizens’ jobs and also driving down wages.

The raids will include not only Immigration Enforcement Teams, but also officials from HMRC, the Gangmasters’ Licensing Authority, the Employment Agency Standards Inspectorate, the Care Quality Commission and the HSE. This is because, as the Immigration Minister put it, "Experience tells us that employers who are prepared to cheat employment rules are also likely to breach health and safety rules and pay insufficient tax." He plans to hit employers with the "full force" of the Government machinery.

Current legislation gives the Government the power to fine employers who employ illegal workers, to the tune of £20,000 per illegal worker employed. Individuals who 'knowingly employ' an illegal worker can also face criminal sanctions, including imprisonment for a period of up to two years.

Employers are able to avoid liability by ensuring that they have a 'statutory excuse' to employing illegal workers. Put simply, as long as an employer has carried out certain checks before an employee starts work, then the employer cannot be required to pay a civil penalty if the immigration authorities determine later that the employee is not entitled to work in the UK.

Employers must also check certain original documents, keep a note of the date on which the checks were made and retain copies of those documents on file until two years after the employment has ended. Checks need to be carried out for all employees (regardless of their ethnic background or nationality) since employers who only carry out checks on those individuals who appear to be 'foreign' risk race discrimination claims. The checks must be completed before the employee’s first day of work – this is an important point, often overlooked by employers who ask employees to attend on their first day of work with their 'right to work' documents to hand.

Employers need to ensure that they are complying with these requirements now. Those who do not do so risk fines, potential imprisonment and bad publicity – because if anything is certain, it is that the raids will be well-publicised and that the Government will be keen to demonstrate that it is taking the issue of illegal immigration seriously.

If you wish to discuss this article in greater detail, please contact Brian Harrington on (01904) 561433 or brian.harrington@lf-dt.com