Illegal workers: new employment laws come into effect

New legislation on the employment of illegal workers comes into effect today, and will potentially have a major impact on the construction industry.

Read a Q&A on the new laws on PersonnelToday.com

Section 8 of the Asylum and Immigration Act 1996, which currently sets out the law on prevention of illegal migrant working in the UK, has been repealed and replaced by Sections 15 to 25 of the Immigration, Asylum and Nationality Act 2006.

Under the new law, employers who employ someone subject to immigration control aged 16 or older who is not entitled to undertake the work in question will be liable to pay a civil penalty. It will be a criminal offence to “knowingly” employ an illegal migrant.

Construction union UCATT has said that a "fair proportion" of the 40,000 migrant workers in London alone are illegal.

The changes will apply to employees who start work on or after 29 February 2008.