Since February 2008, an employer who employs someone aged over 16 who is not entitled to undertake the work, can be liable to a fine of up to £10,000.
You should be aware that if you take over members of staff already working at the premises you need to do the same checks. You have 28 days to do this.
A 'defence' can be established only if 'appropriate checks' are undertaken before the individuals start working for you.
If an employer knowingly employs someone who is not permitted to work, a prosecution can follow and conviction carries an unlimited fine and/or a prison sentence of up to two years.
Best practice requires therefore, that for every new employee, an 'appropriate check' must be made.
An online step-by-step guide to checking eligibility for employees can be found at www.businesslink.gov.uk/emw. This also provides examples of the documents you can accept. |
