The Price of Ignoring Due Diligence When Employing Overseas Nationals

It was reported in the news recently that two businesses in Bedfordshire now face potential fines of up to £10,000 unless they can demonstrate that appropriate checks were carried out prior to the employment of a Malaysian woman and Bangladeshi man. It was established that both individuals were working in the UK either in breach of a visa or having overstayed their leave to remain in the UK.

Job Application Image | Courtesy of www.123rf.comBusinesses have legal accountability to take every reasonable step to ensure they are not employing people with no right to work in the UK. As a business owner you have a very clear responsibility to put in place the necessary employment checks to guarantee that you are secure in the knowledge that a prospective employee has a legal right to work in the UK. This does not mean spotting forged documents, but does involve keeping full employment records for every member of staff. (Including copies of relevant ID documents, references completed and any security checks – if applicable for your industry.)

Rather than be at the mercy of a big fine that could seriously damage the operation of your business, please give me or Ben Stanton (our specialist employment solicitor)  a call to get some personalised guidance on this subject – telephone 01908 660 966 / 01604 828282

You can also reach either of us by email: or

About Sarah Canning

Head of the Litigation Department at Franklins which incorporates all aspects of Dispute Resolution Contractual, Property & Partnership/Director/Shareholder disputes. In her "spare" time Sarah is proud to be one of the Northamptonshire Ambassadors; an external member of the University of Northampton's Audit Committee; a board member of Northamptonshire Enterprise Partnership (NEP); and the Chair of the IoD Northamptonshire Branch. Follow her on Twitter here: @SarahJCanning
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