An investigation carried out by Home Office Immigration Enforcement has uncovered evidence that some employers have accepted fraudulent documents for “right to work” checks.
These fraudulent documents were subsequently used to obtain DBS checks to give them access to regulated industries. It is disturbing to think that individuals are potentially not only working in the UK illegally, but are also working in regulated industries illegally. The prevalence of fraud requires constant vigilance from employers.
These fraudulent documents were subsequently used to obtain DBS checks to give them access to regulated industries. It is disturbing to think that individuals are potentially not only working in the UK illegally, but are also working in regulated industries illegally. The prevalence of fraud requires constant vigilance from employers.
A DBS check, DBS certificate or subscription to the DBS Update Service is not acceptable evidence for permission to work in the UK and should not be used to establish if a person has the right to do so.
When recruiting for a role that requires a DBS check, it is highly recommended that you do not accept an existing DBS check and carry out a new one (involving checking ID documents and also the right to work), unless they are subscribed to the Update Service. As the Update Service itself will not require you to check ID for the purposes of DBS checking, it is important that you still verify ID’s and the right to work as a separate matter.
All roles, not just those requiring DBS checks, should have ID documents checked thoroughly, accepting only the current acceptable documents. It is also vital that reminders are set to carry out a follow-up check where the right to work is limited in time.
The immigration Minister has announced waves of raids targeting various premises including building sites, care homes, garages, fast food outlets, cleaning companies and day nurseries to check that they are not employing people who may not have the right to work in Britain. It is a fundamental term that employees have permission under UK immigration law to undertake this employment and where applicable, that he/she continues to hold valid and appropriate UK immigration clearance or leave to remain and work.
Only original documentation should be checked using the physical document itself, not a faxed, scanned or photographed copy. It will also be done in the presence of the person being checked. A copy of the documentation will be taken in a format that cannot be altered, e.g. paper copy, PDF or JPEG. This will clearly show all important details including; name, photograph, date of birth, nationality, signature, date of expiry, date that leave to remain and work in the UK expires. Copies will be kept securely for the duration of the person’s employment and for a further two years after they stop working for you. The date that the check was made will also be recorded.
Penalties
If you’re caught employing an illegal worker, you will get a “referral notice” to let you know that:
• Your case is being considered.
• You may have to pay a penalty of up to £20,000 for each worker.
Your business’ details may be published as a warning to other businesses.
If your business operates under a licence, the licence may be revoked immediately thus closing your business.
If it can be proved that you employed someone knowing they were working illegally, you could be sent to jail for up to 2 years and potentially receive an unlimited fine.
What must you do?
Even if you are found to be employing an illegal worker, you will not be penalised if you can demonstrate that you made the correct right to work checks and it was not reasonably apparent that the documents were fraudulent or did not belong to the person being checked.
You should check all of your employee details and the ID documentation used to identify them. If you did not go through the ID process using only the acceptable documents, carry out the process immediately and keep good records or you may be penalised. Copies should be taken in a format that cannot be amended or altered. It may seem logical that someone with a DBS certificate or someone subscribing to the DBS Update Service is a legal worker, but this may not be the case.
Details of the documents required and the procedure for checking the right to work and the ID for DBS checks should be outlined in your Employee Handbook to provide immediate and accurate guidance for management. To request a copy of the insert for your Employee Handbook simply email [email protected], quoting ‘ID request’.