Illegal workers

Don’t fancy a £10,000 fine or prison term? Julian Sampson, our Legal Expert, is here to update you on what employment verification checks you need.

Following the introduction of new illegal worker legislation in February, companies face being hit with a £10,000 fine or possible prison term for each illegal worker they unwittingly hire.

Identification services (ID) and Criminal Records Bureau (CRB) checks have been fundamental for many businesses for some time. Care homes and schools, for example, must complete a CRB check against employees; banks, solicitors and even estate agents have had to undertake ID checks against their clients for money laundering purposes.

Identity theft remains a constant thorn for the credit industry and, of course, the government adores the concept of the ID card for everyone within the UK. The French and many other European states have used this for decades and this illegal worker identification will benefit the country generally in regulating unfair or underpaid working practices.

The potential fine for non-compliance, however, is a massive worry for any professional salon owner. Business Link (www.businesslink.gov.uk) provides an extremely helpful interactive tool to take you through the steps required to satisfy yourself and the authorities that you have taken, studied and retained all the relevant information you need on your foreign workers.

The Documentation…
If you remember the last time you opened a bank account you will probably remember what identification you took with you – and very similar rules apply here.

Some of the documents, which satisfy these rules on an ongoing basis, are:

British Passport
European passport (there are rules which define which countries are considered European so use the interactive tool to help filter these)
Permanent right to reside certificate
Biometric Immigration document for indefinite stay
Endorsed foreign passport showing indefinite right to remain

Others (including a secondary list of supporting, but not conclusive documents) can be accessed through the UK Border Agency website (www.bia.homeoffice.gov.uk).

As to the future…
The government intends to bring in compulsory ID cards for foreign nationals that will make your job a little easier but don’t expect this to roll out across 100 per cent of applicants for some time yet. The aim is to cover 90 percent by 2014!

If you it still seems like a minefield or you simply want a chat then you should take advantage of your solicitor or services like hairlaw.co.uk

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