As you may have read in the press or heard on the News, the Attorney General has employed a housekeeper who is not entitled to work in the UK.
The Attorney General states that she did not knowingly employ an illegal immigrant and saw documents that led her to believe that the woman is entitled to work in the UK. Neither of these is a valid defence under the Immigration, Asylum and Nationality Act 2006.
Knowingly employing an illegal immigrant was an offence both under the old and new legislation. It is punishable by up to two years in prison and an unlimited fine. However, under the 2006 Act employers who unknowingly employ illegal workers also commit an offence and may be served with a penalty notice and a fine of up to £10,000.
Unwitting employers of illegal workers may be excused from paying the fine if they can demonstrate compliance with the prescribed requirements set out in the Immigration (Restrictions on Employment) Order 2007, SI 2007/3290 which go well beyond merely “seeing documents”. The precise nature of the checks that Attorney General carried out in respect of her housekeeper’s immigration status is, as yet, unclear and the UK Border Agency is now investigating.
The case further highlights the extent of the responsibility of employers to make adequate checks on the immigration status of their employees and the need to ensure full compliance with the relevant provisions of immigration legislation.
Hill Dickinson has a wealth of experience in dealing with the full
range of employment and pensions issues. If you have any queries
relating to the above, or any other legal matter, please do not
hesitate to contact us
for advice.
