Minimising immigration risk in administrations

 
Immigration Assurance Audits

Since 27 January 1997, employers have had a duty to check that all new employees are entitled to work in the UK.  The checks that they must carry out, and the evidence that they must keep, give them a defence against conviction or payment of a civil penalty if they are later found to have employed an illegal migrant worker.

If a company does not hold evidence of an employee's legal right to work in the UK, there are a number of potential penalties. For employees recruited from 29 February 2008, officers of the company who illegally employed them can be subject to a civil penalty of up to £10,000 per illegal worker. Furthermore, if a company knowingly employs an illegal worker from that date the officers could receive an unlimited fine or maximum two year prison sentence.  The company can also be subject to adverse publicity.

Insolvency practitioners can find themselves subject to fines for which they are personally liable if they are trading such a company.  Some businesses are particularly high risk, including hotels, restaurants, manufacturing sites or care homes. 

Taylor Wessing is unique in having highly respected insolvency, employment and immigration teams and can offer you an immigration audit to check that employees have the legal right to work.  This can be invaluable when marketing a business and is offered on a fixed fee basis.  If you would like to discuss this in further detail, please contact Vikki Wiberg, Sean Nesbitt or Nick Moser.

Lawyers Nick Moser, Sean Nesbitt, Vikki Wiberg