Employment law experts at UK Law firm Dundas & Wilson have warned that company directors who turn a blind eye to illegal immigrant workers in their organisations could face a two-year jail term under tough new employment legislation being introduced on Friday 29th February.
The new criminal sanctions introduced by the immigration, Asylum and Nationality Act 2006 will also include unlimited fines for each illegal worker. On top of this, a new civil offence will be created carrying penalties of up to £10,000 for every breach.
More thorough document checks - including annual checks for all immigrant employees who have permission to work for a fixed period - will pile additional pressure on employers which employ immigrants, as part of the crackdown on illegal working.
David Walker, an employment law partner at D&W, says ; "This isn't something which businesses can ignore, but it's more than likely that the prospect of a two-year prison sentence in serious cases will focus the mind."
"If the government keeps its promise, this legislation will be much more rigidly enforced than the existing regime which means we should see a rise in the number of prosecutions under the new civil and stricter criminal procedures."
The current criminal laws are to be repealed, with the new legislation creating an office of 'knowingly' employing an illegal worker, reflected in the harsher penalties - previously the worst-case scenario was a £5,000 fine. |
