Employers' responsibilities
This section explains how the law on preventing illegal migrant working has evolved, and explains employers' legal responsibilities according to the date when they recruit or recruited their employees.
Since 27 January 1997, employers have had a duty to check that all new employees are entitled to work in the United Kingdom. This check gives them a defence against conviction or an excuse against payment of a civil penalty if they are later found to have employed an illegal migrant worker. The law on preventing illegal migrant working has occasionally been revised since then, most recently and notably on 29 February 2008.
Checking entitlement to work in the United Kingdom
The checks that employers should make (or have made) to ensure that their employees are entitled to work in the United Kingdom depend on the initial employment date of each individual. The following pages provide details of the appropriate checks for employees according to the date when they are (or were) recruited.
- Checks for staff employed before 27 January 1997
- Checks for staff employed from 27 January 1997 to 30 April 2004
- Checks for staff employed from 1 May 2004 to 28 February 2008
- Checks for staff employed from 29 February 2008
Avoiding racial discrimination
The prevention of illegal working can often raise race discrimination issues. When carrying out checks on their employees, employers must be careful not to use discriminatory recruitment practices. The Avoiding racial discrimination page explains how employers can avoid unlawful discrimination in their recruitment practices while seeking to prevent illegal working.