EMPLOYERS’ LIABILITIES UNDER SECTION 8 OF THE ASYLUM AND IMMIGRATION ACT 1996

Introduction

Under Section 8 of the Asylum and Immigration Act 1996 an employer is guilty of an offence if he employs a person aged 16 or over who:

1. has not been granted leave to enter or remain in the UK, or
2. the leave is not valid or precludes him from taking up employment

The burden of proof falls to the employer to show that the relevant documentation was verified before employment started. In order to verify that a potential employee has the right to live and work in the UK it is important that the employer views any documents that will confirm this right. To this end the Government have provided a specified list as detailed in the Immigration (Restrictions on Employment) Order 1996 SI 1996/3225:

Descriptions of documents for the purposes of article 4(2)(b)

Article 4(2)(b)

1.

(a) A document issued by a previous employer, Inland Revenue, the Department for Work and Pensions' Jobcentre Plus, the Employment Service, the Training and Employment Agency (Northern Ireland) or the Northern Ireland Social Security Agency, which contains the National Insurance number of the person named in the document; and

(b) either: -

(i) a birth certificate issued in the United Kingdom, which specifies the names of the holder's parents; or

(ii) a birth certificate issued in the Channel Islands, the Isle of Man or Ireland; or

(iii) a certificate of registration or naturalisation as a British citizen; or

(iv) a letter issued by the Home Office, to the holder, which indicates that the person named in it has been granted indefinite leave to enter, or remain in, the United Kingdom; or

(v) an Immigration Status Document issued by the Home Office, to the holder, endorsed with a United Kingdom Residence Permit, which indicates that the holder has been granted indefinite leave to enter, or remain in, the United Kingdom; or

(vi) a letter issued by the Home Office, to the holder, which indicates that the person named in it has subsisting leave to enter, or remain in, the United Kingdom and is entitled to take the employment in question in the United Kingdom; or

(vii) an Immigration Status Document issued by the Home Office, to the holder, endorsed with a United Kingdom Residence Permit, which indicates that the holder has been granted limited leave to enter, or remain in, the United Kingdom and is entitled to take the employment in question in the United Kingdom.

2.

(a) A work permit or other approval to take employment issued by Work Permits UK; and

(b) either: -

(i) a passport or other travel document endorsed to show that the holder has current leave to enter, or remain in, the United Kingdom and is permitted to take the work permit employment in question, or

(ii) a letter issued by the Home Office to the holder, confirming the same.

An employer guilty of an offence under this section of the Act will be liable to a fine not exceeding £5,000 on the current standard scale for each employee illegally employed. Where the employer is a company, any of the management staff, including directors, managers, secretaries or any other officer of the company, may be liable to prosecution under the Act.