Packaging employers risk stiff penalties for hiring illegal workers

Packaging employers have been warned they could face massive fines, or even imprisonment, if they fail to comply with new laws on illegal working that come into force at the end of February.

Section 15 of the Immigration, Asylum and Nationality Act 2006, which comes into force on 29 February, includes the power to fine employers up to £10,000 per illegal worker.

It also identifies the key documents they should check to prove people are eligible to work in the UK.

Documentary evidence that these documents have been checked and show a person is eligible to work will give employers a Statutory Excuse to avoid penalties if the employee subsequently proves to be illegal.

However, under Section 21 of the Act, employers can commit a criminal offence, punishable with up to two years in prison, if they knowingly employ an illegal immigrant.

Dani Novick, managing director of recruitment specialist Mercury Search and Selection, said the Act could have major consequences for the packaging industry.

"In the print and packaging sectors there are already a significant number of immigrant workers," she said.

"There are large numbers of immigrants from EU countries who are eligible to work, so it is easy to assume that anyone who claims to be a UK or EU national is eligible to work.

"However, we have had cases of foreign nationals presenting convincing documentation that subsequently turned out to be forged."

Novick said recruitment companies could help with checking documents but liability still sat with employers.

The change in law will not apply to employees taken on before 29 February, who will still be covered under the Asylum and Immigration Act 1996.
Source: packagingnews