Employers must have strict migrant worker policy, warns law firm

Published: 25th March 2008

North West employers are being urged to enforce strict policies when hiring foreign workers today as fresh figures from recruitment consultants Harvey Nash revealed that the number of skilled migrant workers will climb 14pc within four years to top 800,000.

The figures come soon after it was revealed that an extra 200 people from foreign countries are arriving on Merseyside each week in to begin work. After several years of steady growth in the number of migrants working in the region, the figure shot up 39% last year. It means that, in March, 2007, 32,000 overseas nationals were working in the Greater Merseyside region, up from 23,000 in March, 2006. In 2003, the figure was just 15,000.

Law firm Mace & Jones says employers need to be aware of tough new Government fines introduced in February as part of the biggest shake up of immigration law for a generation. The firm's head of employment law Martin Edwards said the new laws, brought in under the Asylum and Nationality Act, mean employers who hire illegal immigrants can be fined £10,000 per worker in cases involving negligence, compared with a previous figure of £5,000. If an employer knowingly hires an illegal migrant he will be committing a criminal offence and could face two years in jail or an unlimited fine.

"We are seeing a steep increase in the amount of work permit issues as migration numbers have increased," he said. "It is vital employers rigorously check foreign workers identities and paperwork including ID and passports. Employers should also regularly review expiry dates of all employees without an automatic right to work in the UK. Responsibility for these checks cannot be outsourced to third party labour suppliers. Outsourcing the checking process to an immigration specialist or agency does not protect the company from liability should the Government find out the firm is employing someone illegally - even if this is done unknowingly by the business."

Mr Edwards said employers should always retain copies of eligibility documentation. If they outsource the process they should obtain copies of the necessary documents from the agency and keep them for their records.

"One of the most effective methods of managing foreign staff is for employers to create standard employment application forms that require all applicants to confirm their right to work in the UK," he said. "All documents submitted as proof should be originals, not photocopies, and expiry dates should be checked."

Mr Edwards said industries most affected by the legislation include the construction trade and the tourism and leisure industry.

Mr Edwards added that businesses which want to sponsor and employ migrants must be licensed by the Border and Immigration Agency (BIA). A licence will be required from the autumn, when the second tier of the points-based system is due to come into effect. Employers can apply for licenses now.