Employers must have a strategy in place to deal with potentially illegal workers

Employers should ensure that they have in place a carefully thought out strategy for dealing with the possibility of illegal working in their organisation. This is particularly the case in the light of the criminal and civil penalties that are imposed under the new immigration regime.

Nick Willis, a partner in the HR group of PricewaterhouseCoopers Legal LLP, said:

"The issue here is not one of immigration risk alone. The strategy must take account of the employment law issues, such as claims for unfair dismissal and unlawful race discrimination. If the wrong process is followed, the financial and reputational liabilities can be very significant. New HR policies and procedures will also be needed for the employer to comply with its duties as a registered sponsor, and HR managers must start getting to understand and prepare for the new rules as soon as possible."

With its team of experienced immigration and employment lawyers providing an integrated service, PricewaterhouseCoopers Legal LLP is ideally placed to advise on the full range of issues arising from these immigration changes, including:

• Advice on strategies for dealing with potentially illegal working.
• Drafting and implementing HR policies and procedures.
• Advice on employee terminations.
• Employment tribunal assistance.
• Training on employment law issues including recruitment and equal opportunities.

Related areas

• Immigration - new points based system
• Employment screening