Government moves to name and shame rogue employers should be selective

Government moves to name and shame businesses that employ illegal workers are being welcomed by UK employment experts but only if penalties are proportional, says Croner, the UKís leading provider of workplace information and consultancy services.

The proposed change will see the details of companies and directors found guilty of hiring illegal migrant workers published on the UK Border Agency websites and comes shortly after Februaryís introduction of new civil penalties. Companies are now open to a maximum fine of 10,000 per illegal migrant worker they employ and a maximum two-year prison sentence for offending employers.

Employment experts will support the change as another step towards tightening the reins on rogue businesses but Joanne Pitts, employment consultant with Croner, a part of Wolters Kluwer UK, warns that any new measures should have procedures in place to ensure proportionality, similar to the current code of practice in place for civil penalties. Exceptions should be made for those employers who make a genuine mistake.

Similarly Croner believes Februaryís civil penalties should be distributed selectively. Companies should be fined for employing illegal workers but only those directors who knowingly offend should be penalised with imprisonment.

Employment experts will also be asking the government to sufficiently advertise any move to publicly identify companies so employers are aware of the impact it could have on them.

This comes on the back of a noticeable lack of awareness amongst employers of the new requirements and potential impact of Februaryís legislation, blamed in part on the UK Border Agencyís poor communication of the changes.

Joanne says: ìWe support any move that deters employers from practices that allow them to mistreat staff. Publicly shaming those businesses that employ illegal workers will really damage any corporate reputation they may have and ultimately encourage them to stay within the law.

ìItís important that these moves do not come down too hard on businesses that on one occasion unknowingly employed an illegal migrant worker. Itís those offenders who consciously use illegal workers that this legislation needs to be targeting.

ìWe would also advise the Border Agency to make every effort to ensure businesses are aware of any changes and what they have to do to comply with the legislation. Many employers are still unaware of Februaryís introduction of the system of civil penalties.î

The most significant change under Februaryís legislation was that employers now need to carry out annual checks for workers who have limited leave to enter or remain in the UK.

Joanne continues: ìAs long as employers put a few simple procedures in place they do not run any risk of falling foul of the civil penalties or any upcoming naming and shaming legislation. We recommend that all businesses diarise annual checks of the documentation of workers with limited leave, maintain accurate records of date of entry and expirations dates and across the board pre-employment checks.

ìWe strongly advise putting an inclusive pre-employment check policy in place. Employers that only check the documentation of people from certain nations not only run the risk of hiring illegal migrants but also being open to discrimination claims.

ìAs long as businesses keep up to date records of employment status documentation for all their staff and run across the board pre-employment checks, employers can ensure theyíre staying on the right side of any tightening of workplace immigration laws.î