Builders couldn't survive without migrant workers as an army of foreign trades people helps plug the skills gaps in the continuing construction boom.
But you can get into trouble for employing workers who aren't legally entitled to work here. Here's our guide to keeping on the right side of the law.
Surely I can employ anyone as long as they can do the job?
I’m afraid not. And it’s an offence to employ anyone who hasn’t got permission to work in the UK with fines of up to £5,000 per employee.
So which countries are there no restrictions on?
There are more than 30 in all including many Eastern European states. The full list can be found here.
I don’t fancy getting fined – so how do I make sure workers are legal?
By checking documents of potential employees. Documents like UK passports or passports of European Economic Area countries are sufficient proof of the right to work on their own. Resident and work permit documents can also be used in conjunction with proof of holding a National Insurance number. You can view a full list of documents permitted here.
Is it OK just to have a quick glance at them?
No. You should keep photocopies of all documents and check carefully that all photographs match the people presenting them. You must also check that significant dates like birthdays aren’t obviously false if people appear too young or old.
What if something looks dodgy?
The Government has developed an online checklist which guides you through the process and will warn you about any potential problems.
Can I get in trouble asking foreign people for their passports?
Possibly. Treat everyone the same and ask for the same documents irrespective of their race to avoid falling foul of the Race Relations Act.
What’s the Worker Registration Scheme?
Builders from Poland, Lithuania, Estonia, Latvia, Slovenia, Slovakia, Hungary and the Czech Republic have to sign up with the scheme within one month of starting work for you. If they fail to register you could be liable to a £5,000 fine because they will be classed as illegal. Further restrictions apply to Romanians and Bulgarians who are only allowed to work on a self-employed basis unless they qualify for a work permit.
What’s a work permit?
If you want to employ someone from outside the exempt countries you can apply to the Borders and Immigration Agency direct for a work permit for them. Applications cost £190. An application form can be found here.
Author: Grant Prior
Related internet links:
Home Office guide to recent changes in the law affecting migrant workers (PDF)
