Civil Penalties and the Employment of Illegal Workers
Ministers have described the introduction of the Points Based System (PBS) as one of the biggest changes to the UK immigration system in recent years. Sitting alongside the PBS, and arguably of equal significance has been the introduction of civil penalties of up to £10,000 for employers of illegal migrant workers.
It is well understood that ease of access to the workplace encourages illegal migrants and that conversely, making it more difficult for a person to take employment when not entitled deters illegal migrants. UK immigration legislation has for many years included provision for the prosecution of employers who have knowingly employed illegal migrant workers but successful prosecutions have proved difficult and as a result relatively rare. Operationally, the focus of the UK Border Agency and its predecessors has tended to be on tracing individual illegal migrants, a highly resource intensive and all too often unsuccessful task, rather than looking further up the chain at employers.
The introduction of civil penalties on 29 February 2008 along with the licencing of employers under the PBS has changed this landscape. The imposition more than a decade ago of civil penalties on airlines and other carriers for bringing people to the UK without adequate documentation provides a precedent for the effectiveness of a policy which looks to a third party to help police the immigration system. Whilst there is a sound argument to say that employers have always had a responsibility for who they employ, this is now being re-enforced by tough penalties and sanctions which are administrative rather than criminal, easier to apply and far more effective than anything that has existed in the past.
This is not just a cosmetic campaign. It is a completely different strategy which recognizes the motivation of illegal, economic migrants to work and seeks to shut down their ability to do so by involving employers and educational establishments in the policing of the system. The seriousness of the UK Border Agency’s intent is also seen in their publication on its website of the details of employers who have been found to be liable for a civil penalty for employing illegal migrant workers.
Publication started in June 2008 and includes penalties recorded for during the previous month. Data is for employers against whom notices of liability have been issued and civil penalties imposed for the use of illegal migrant workers. It is recorded for each of 6 regions reflecting the structure of the UK Border Agency and shows employer and company name, location of the company, number of illegal workers amount and date of the penalty. Latest data (November 2008) covers the period broadly May – mid September 2008 and shows penalties of £1,550,000 in respect of 334 illegal workers. Figures by region are:
North East, Yorkshire and Humberside
Number of illegal workers
47
Amount of civil penalty imposed
£230,000
Midlands and East of England
Number of illegal workers
73
Amount of civil penalty imposed
£312,500
Wales and South West
Number of illegal workers
49
Amount of civil penalty imposed
£237,500
North West
Number of illegal workers
51
Amount of civil penalty imposed
£232,500
Scotland and Northern Ireland
Number of illegal workers
29
Amount of civil penalty imposed
£140,000
London and South East
Number of illegal workers
85
Amount of civil penalty imposed
£397,500
Veristat can help you avoid employing illegal workers and the consequent risk of a civil penalty by carrying out the proper documents checks in accordance with the new regulations. Contact us now at info@veristat.co.uk or on 0844 335 1619 for a preliminary discussion of your requirements
We would also welcome hearing your views on the operation of civil penalty system for inclusion in future articles on this blog. Contact us on info@veristat.co.uk
