Preventing illegal working

This page provides a summary of the legal requirements employers must meet when employing individuals after 29 February 2008.

Changes to the Immigration, Asylum and Nationality Act (2006) were implemented on 29 February 2008 including:

• a new system of civil penalties for employers who take on illegal migrant workers as a result of negligent recruitment and employment practices
• a tough new criminal offence for employers who knowingly employ illegal migrant workers
• a continuing responsibility for employers of migrant works to check their on-going entitlement to work in the UK.

The employer must assess the eligibility of the individual's right to work in the UK by verifying specified documentation from lists A and B. You must validate documentation from all prospective employees to ensure they are eligible to reside and work in the UK and also to meet the requirements of anti-discrimination legislation. This process is detailed on the pages covering steps one to three.

If an illegal migrant is employed because the individual supplied fraudulent documents which could not have been detected as fraudulent, the employer can establish a statutory excuse ('the excuse') against payment of a civil penalty, if you can show you have followed due process in accordance with these new regulations.

Employers must familiarise themselves with the requirements under the 2006 Act. Further information and the Code of Practice can be found on the UK Border Agency (UKBA) website.

NHS Employers has published a briefing to support employers with all the changes to the immigration system. Updates will be provided through the weekly bulletin.

Advice for employers about complying with the law on preventing illegal migrant working is available from the UKBA sponsorship and employers' helpline on 0845 010 6677.