All employers have a legal obligation to ensure that their employees have the right to work in the United Kingdom. This is controlled by the Immigration, Asylum and Nationality Act 2006 (“the Act”) and subsequent secondary legislation. Under the Act, employers are liable to payment of a civil financial penalty if they employ a person aged 16 or over who is subject to immigration control and who has no permission to work in the United Kingdom, or who is in breach of their conditions of stay in the United Kingdom. If it is proved that an employer has knowingly employed an illegal migrant worker there is the possibility of prosecution, an unlimited fine and a maximum two-year prison sentence.
At Ceba Solutions Ltd, we know that we have a duty to check that all new employees are entitled to work here. All external job applicants are required to produce the necessary original documents (photocopies are not acceptable) which we check in accordance with the Act. The onus remains on the potential employee to demonstrate that they are permitted to do the job Ceba Solutions Ltd is offering and are eligible to work in the UK.
To ensure we do not breach immigration legislation, Ceba Solutions Ltd will check and record certain specified documents belonging to potential and existing employees. The required documents are set out in List A and List B of the UK Border Agency’s guidance notes; these lists will be provided to all potential employees and are available for inspection by all employees.
These checks must be made before a person starts working for Ceba Solutions Ltd and once every twelve months during employment thereafter for those who have only provided List B documents. In complying with our obligations under immigration rules, special care must be taken to ensure Ceba Solutions Ltd does not unlawfully discriminate against individuals on racial or ethnic grounds or in respect of any other protected characteristic under equality legislation.
Any Ceba Solutions Ltd employee who fails to comply with the correct procedures as set out may be subject to disciplinary charges. Any employee who is subsequently found not to have the right to work in the UK is liable for summary dismissal.