Question: What do the Spice Guru in Wadebridge, Riverside Dry Cleaners in Barnes and Costcutter in Midlothian have in common?
Answer: read on . . . . .
Any guesses?
A few years ago I was sat in a great Nepalese restaurant (I’m not naming any names) when, just after we had started to tuck into our meal, there was a great deal of commotion by the entrance.
Suddenly our waiters had vanished - there was a commotion by the entrance and staff were trying to escape via the emergency exits, toilet window and anywhere else they could find to avoid capture. The Border Force had arrived and were literally out in force rounding them up. It was a real life raid - what are the chances? I don’t know what happened to them but we carried on and enjoyed the food!
Anyway, it appears this is not an uncommon event, because I can tell you a number UK businesses have been hit with hefty fines after illegal workers were found working in shops, take-aways, security firms, cleaning companies, etc.
Details have recently been released in the latest quarterly report showing the total number of fines (also known as civil penalties) for illegal working issued to non-compliant employers in each region of the UK.
The maximum fine per illegal worker is £20,000 (the average being £11,000). Funky Browns in Harrow was hit with a £135,000 fine.
As with employers who fail to pay the minimum wage, the government has a policy of naming and shaming those who fall foul of the law when it comes to hiring foreign workers, so it is vital that employers can satisfy themselves that their potential employee has the right to work in the UK.
It’s not always obvious and I would err on the side of caution and make it company policy that EVERY new employee can satisfy the right to work requirements. Not only is there a maximum £20k fine per illegal employee but if an employer can also be shown to have knowledge that the employee is disqualified from employment there is a potential 5 year prison term and unlimited fine.1 That’s significant!
Furthermore, employers could face a discrimination claim if they selectively check job applicants’ status rather than making it a blanket requirement for all new staff.
But don’t panic. Fortunately for employers the government has provided a Right to Work Checklist setting out in detail the steps which must be taken and the documents that will be needed to satisfy the right to work test.
It is also possible to check details of a job applicant’s right to work in the UK, including:
the types of work they’re allowed to do
how long they can work in the UK for, if there’s a time limit
The employer will need the job applicant’s:
date of birth
right to work share code
If an employer completes the checks satisfactorily it will have a ‘statutory excuse’ should the worker subsequently be found to be working illegally.
For those who are curious, the businesses that were fined are listed by region and can be found here.
I’m surprised at the number of business which do not undertake these checks, and instead rely on a simple clause in their employment contracts to the effect that the employee confirms they have a right to work in the UK. That in itself is not enough. The onus is on the employer to establish a bona fide right to work, so get checking!
Section 21(2)(a)(i) Immigration, Asylum and Nationality Act 2006