Under section 15 of the 2006 Act, an employer who negligently hires an illegal worker will commit a civil offence and be liable to a fine of up to £10,000 for each illegal worker. The draft Code of Practice on the new civil penalties proposes a sliding scale, and a number of different criteria will be taken into account when determining the amount of fine. Such criteria would include: The nature of the checks carried out by the employer; The number of offences previously committed by the employer, If the employer reported suspected illegal workers to the BIA and whether the employer co-operates with the BIA in any investigation. An employer may have a statutory defence to the civil offence under section 15 if they obtain and check certain original documents before employing the prospective employee. The employer must take reasonable steps to check the validity of the documents provided by the prospective employee. The employer is further required to take copies of the documentation provided by the individual and retain these copies for at least two years after the employment terminates.
FPB