Rogue employers to face illegal working crackdown

The new rules will see rogue employers face a prison sentence and/or an unlimited fine if found knowingly employing illegal workers. Civil penalties will also be levied on companies which have been negligent in carrying out checks on workers. The level at which these fines will be set and how they will be imposed is now the subject of a consultation, published today.

The new measures, which will take effect early next year, are part of the Home Office’s Illegal Working Action Plan, launched today, co-ordinated through the new Border and Immigration Agency (BIA). It follows measures designed to toughen border controls, double enforcement resources and joint work with police and benefits agencies to tackle illegal immigration and its consequences.

Immigration Minister Liam Byrne said:

"To combat illegal immigration it is not enough to stop illegal journeys. We have to close down the illegal jobs that tempt people to try their luck coming to Britain.

"That means making it easier for companies to check whether someone is here legally – but also coming down much harder on businesses which break the rules or turn a blind eye.

"So alongside compulsory ID cards for foreign nationals will come bigger, faster fines for those who break the law."

The Action Plan includes a new pilot project to help British businesses check migrants identity and right to work. This joint venture is the first between the Identity and Passport Service (IPS) and the BIA, and is a prelude to biometric checking services which will come on stream with compulsory ID cards for foreign nationals.

Key parts of the Action Plan include:

• tougher checks abroad – using biometric visas to tie foreign nationals to a single identity allowing entry to the UK to be denied if necessary;
• compulsory identity cards for foreign nationals – provisions in the UK Borders Bill require foreign nationals living in the UK from outside the EEA to apply for biometric ID helping tackle fraud, illegal working and multiple identity;
• an employee checking service – the first joint pilot between BIA and IPS, which is the next step in improving the support offered to employers;
• sponsorship – introduced under the new Australian-style points based system for managing migration which will ensure that employers take responsibility for whether their workers comply with  the immigration rules;
• penalties for rule breakers – the implementation of civil penalties for those employers who employ illegal migrants as a result of negligent recruitment and a new criminal offence for those found to be knowingly employing illegal workers;
• tougher enforcement - through intelligence led enforcement, progressively blocking the benefits of Britain to illegal immigrants through partnerships across Government, with police and the private sector; and
• making sure people know the rules – through a national media and direct mail campaign on illegal working, reminding employers of their responsiblities.

Commenting on today's announcement Marcia Roberts, Chief Executive Officer of the Recruitment and Employment Confederation (REC), said:

"The move towards providing recruitment agencies and employers with specific information on their immigration enquiries is a great leap forward.  To date recruiters have been intensive users of the Home Office's Employers' Helpline and the new Employers' Checking Service will undoubtedly help recruiters make the right decision when it comes to ensuring that candidates have the right to work in the UK.
 
"This move has to be backed up with firm and fair enforcement.  REC will be working with the Home Office to ensure that the new civil penalties regime lives up to that mantra and that the activities of rogue operators are addressed."