If you employ PAs or carers, there is important new information that you
need to know about employing workers legally.
On 29th February 2008, stricter penalties for people who employ illegal
workers came into effect.
Under the Immigration, Asylum and Nationality Act 2006, employers have to
make sure they don't employ someone who is not legally entitled to work in the
UK. Employing an illegal worker is a criminal offence, and the new measures
mean that an employer could be fined up to £10,000 for each illegal worker
they employ. This fine can be given even if the employer didn't realise they
weren't entitled to work. If an employer knows that they are employing someone
who is not legally allowed to work, they could receive an unlimited fine and up
to 2 years in prison.
However, there are steps you must take to protect yourself. Ask the
applicant to show you proof of their identity and entitlement to work. The
Border and Immigration Agency has two lists of documents that are valid as
proof. Your applicant should show you one document from List 1 or two from List
2.
Whenever you employ a new PA, you must check that these documents refer to
the person you are interviewing, for example do they match their photo and
apparent age? You must arrange to copy these documents and keep the copies in a
safe place. Doing this will provide you with a 'statutory defence' if
prosecuted.
The lists of appropriate documents can be found on the Border and
Immigration Agency's website:
www.bia.homeoffice.gov.uk . Alternatively you can phone them
on 0845 0106677 for advice.
There is also an Employer Checking Service available on their website, that
you can use if you are not satisfied with the documents you have seen.
There is also an interactive tool you can use to help check your applicant's
status at www.businesslink.gov.uk.
Further information about this is available from the Rowan's Information
Service.