Employment (Business)

Migrant Workers

The UK Border Agency is responsible for securing the UK border and controlling migration in the UK. Unless as an employer you check that all prospective employees have the right to work in the UK, you risk breaking the law and could receive a substantial fine. 

If you employ or have employed an illegal migrant worker (without knowing but having failed to check whether they are entitled to work in the UK) you could be liable for a civil penalty of up to £10,000 per illegal worker. If you knowingly employ an illegal migrant worker you could be prosecuted and receive an unlimited fine and/or a maximum two year prison sentence.

The prevention of illegal working can often raise race discrimination issues. When carrying out checks on their employees, employers must be careful not to use discriminatory recruitment practices. It is often best practice simply to check all potential employees. Employers should ask all EEA nationals to confirm their nationality by producing a specified document. Additionally, nationals of Bulgaria, the Czech Republic, Estonia, Hungary, Latvia, Lithuania, Poland, Romania, Slovakia and Slovenia may need to be registered or authorised to work.

For more information about migrant workers, please speak to our Employment Team.