From May 1, changes to the immigration laws came into force and mean it is now a criminal offence for any business to employ someone who is not entitled to work in this country.

Any employer found guilty can be fined up to £5,000 per employee and the Government is currently looking into increasing this penalty.

An employer can avoid the penalties of employing someone illegally as long as they comply with the relevant checks. Employers have to check an employee's documentation to ensure that they are the person they say they are and that they are permitted to work in this country.

In this respect, the employer must either:

l check and copy one secure document - either a passport, ID card or residence permit issued by the Home Office, or

l check and copy a combination of two secondary documents, for example either:

a UK birth certificate together with a document showing the person's NI Number and name, or

a work permit issued by Work Permits UK together with a passport or travel documentation showing the person is permitted to stay in the UK.

Due to the increase in forgeries, certain documents are not enough to protect an employer from being guilty of the criminal offence. These include a Home Office letter, Immigration Service letter (which merely states that the person can work in the UK) or a passport describing the holder as British Dependent Territories Citizen.

Any employer who only checks and copies these types of documents will not have protection from penalty.

Not only must an employer check and copy the relevant documentation, they must also take "reasonable steps" to assure themselves that the documents are valid and that the person in possession is the same person the documents relate to.

They need to ensure that they have not expired, that the pictures accurately reflect the person in front of them and that they permit the individual to do the work in question.

All individuals from member states of the EU have a right to move freely and work anywhere within the EU. Therefore, employers should obtain proof of their nationality showing that they have a right to work in the UK.

For some new EU countries there is a workers registration scheme. An employee from one of these countries needs to provide a copy of their contract of employment or offer letter so that an application can be made to register with the scheme. If the Home Office refuses the application, the employer can no longer keep the employee.

l For further information and advice contact Paul Archer or Dawn Gallie at Lemon & Co Solicitors on 01793 527141