Penalties hike for failing to carry out background checks

More and more employers and recruiters fail to adequately assess an individual’s right to work in the UK, according to professional employment provider, giant group.

Data obtained under the Freedom of Information Act revealed a total of 2,148 Notification of Liability notices for a Civil Penalty were issued to employers of illegal workers in the UK in the last year.

The value of these penalties equates to £16.6 million. This is a significant increase on figures between 2012 and 2013, in which 1,270 NOLs were issued at a cost of £10.8 million, according to giant.

This rise in the number of NOLs could be linked to amendments made to two of the existing orders and codes of practice set out in the Immigration, Asylum and Nationality Act earlier this year.

These changes include the increase of the maximum civil penalty from £10,000 to £20,000. The amendments also simplified the civil penalty process, making it easier for incorrect checks to be identified.

Matthew Brown, managing director of giant, said: “It’s concerning that the number of NOLs issued has risen so much in the last year, particularly given the ongoing crackdown on illegal working. Compliance and efficient checking of an individual’s employability rights have been hot topics over recent months, with more being done to raise awareness of the legal requirements for employers and recruiters.”

He also noted that carrying out such assessments has been made easier through the portable checks introduced by the Disclosure and Barring Service (DBS).

“Now that the penalty fee has been doubled, recruiters and employers face a significant financial impact should they fail to ensure an individual’s right to work in the UK,” said Brown.