It is very important for your cleaning contractor to carry out annual document checks for its cleaning staff as described in the guidance booklets published by the UK Border Agency and on the Business Link website (Passport, Work Permit etc). If you ensure that these checks are being carried out, you will prevent the potential PR damage to your company should illegal cleaners be found at your premises.
New asylum and immigration measures under Sections 15 to 26 of the Immigration, Asylum and Nationality 2006 Actwere brought in by the Home Office on 29th February 2008. The new measures included employers' responsibilities to check the entitlement to work in the United Kingdom of their prospective and, in some cases, current employees.
Under the 2006 Act, it is a criminal offence to knowingly employ a person aged 16 or over who is subject to immigration control and who has no permission to work in the United Kingdom, or who works for you in breach of their conditions of stay in the United Kingdom.
Under the 2006 Act, it is a criminal offence to knowingly employ a person aged 16 or over who is subject to immigration control and who has no permission to work in the United Kingdom, or who works for you in breach of their conditions of stay in the United Kingdom.
Whilst the 2006 Act makes employers liable to civil penalties for employing illegal migrant workers, it also allows employers to have an excuse against payment of a civil penalty for doing so. Employers can have the excuse by carrying out specific checks on the original documents of prospective employees. Employers will only have the excuse for employees with time-limited leave to be in the UK if they carry out repeat checks at least once every 12 months.
People employing or having employed an illegal migrant worker from 29 February 2008 and do, or did not have an excuse could be liable for a civil penalty of up to £10,000 per illegal worker. People knowingly employing or having knowingly employed an illegal migrant worker from 29 February 2008 could be prosecuted and receive an unlimited fine and/or a maximum two year prison sentence.
In relation to any document or combination of documents produced by an employee, in order to obtain the statutory excuse, the employer has to take these steps:
People employing or having employed an illegal migrant worker from 29 February 2008 and do, or did not have an excuse could be liable for a civil penalty of up to £10,000 per illegal worker. People knowingly employing or having knowingly employed an illegal migrant worker from 29 February 2008 could be prosecuted and receive an unlimited fine and/or a maximum two year prison sentence.
In relation to any document or combination of documents produced by an employee, in order to obtain the statutory excuse, the employer has to take these steps:
1. Check the validity of all documents.
2. Securely retain a copy of the documents for at least 2 years.
3. Check any photos for validity.
4. Check the date of birth for validity.
5. Check the employee is the rightdul owner of the documents.
2. Securely retain a copy of the documents for at least 2 years.
3. Check any photos for validity.
4. Check the date of birth for validity.
5. Check the employee is the rightdul owner of the documents.
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