They say that only mad dogs and Englishmen go out in the midday sun. However, as we approach the summer, they are likely to be joined by a large number of foreign nationals. Many local businesses, particularly those involved in the agricultural or tourism sectors will be increasingly reliant upon temporary staff from overseas to cover the increased seasonal work.

The use of such staff can offer businesses the flexible and adaptable work force they require, particularly where there are seasonal peaks in trade. Nonetheless, employers do need to be very careful to follow the rules on recruiting foreign nationals otherwise they can face significant penalties and sanctions.

By now we are probably all familiar with the EU law on free movement of workers. This means that any national of an EU country is generally free to work in another EU country without any need for a work permit or other permission. Equally, those people with either the right of abode or indefinite leave to remain in the UK are able to work in the UK. Most other categories of individuals will need to satisfy certain criteria, for example to obtain a work permit or to qualify under the Highly Skilled Migrant Programme. But why is it important to be sure about an individual’s immigration status when recruiting them?

To comply with the laws concerning illegal working, employers must know their legal obligations. An offence was introduced in 1997 of employing an illegal worker. Two new offences were then introduced in February 2008. The first is a criminal offence of knowingly hiring an illegal worker for which an employer can be liable to a custodial sentence of up to two years and/or an unlimited fine. The second is a civil offence of negligently hiring an illegal worker which carrying a fine of up to £10,000 for each illegal worker.

It is therefore essential for an employer to check certain specified documents before the individual starts work. Employers must examine and retain copies of the passports or other required documents for all employees and should ensure that photographs, dates of birth and names are consistent and that any documentation appears to be genuine.