This page explains the how the law on preventing illegal migrant working has evolved and explains employers' legal responsibilities in relation to the date they recruit, or recruited their employees.
Employers have had a responsibility to check the entitlement to work in the United Kingdom of all new employees since 27 January 1997, in order to establish a defence against conviction, or an excuse against payment of a civil penalty, for employing an illegal migrant worker. The law on preventing illegal migrant working has occasionally been revised since then, most recently and notably on 29 February 2008.
The checks that employers should make, or have made to ensure that their employees are, or were entitled to work in the United Kingdom therefore depend on the initial employment date of each individual. These pages provide details of the appropriate checks for employees according to the date they are, or were recruited.
The prevention of illegal working can often raise race discrimination issues. When carrying out checks on their employees, employers must be careful not to use discriminatory recruitment practices. These pages provide details of how employers can avoid unlawful discrimination in their recruitment practices while seeking to prevent illegal working.