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Caught
in the act:A guide
to
checking your staff
Fri,
03/10/2008 - 12:25pm
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The
introduction of the
Immigrations Asylum
and Nationality Act
2006 means that company
directors can now
face fines of up
to £10,000
and even imprisonment
for employing an
illegal immigrant.
But the repercussions
don't stop there.
Fraud, detrimental
brand damage and
data loss are just
some of the dangers
that companies can
be exposed to when
employing an illegal
worker from overseas.265
FIRMS have been fined
a total of £2.35
million for employing
illegal immigrants
since the law came
into force this
February .With the
numbers of |
| prosecutions
this year ten times
that of 2007, it
is clear that some
organisations are
still unaware of the
legislation, how it
affects their business
and how to incorporate
it into their recruitment
strategies. |
FACING
THE REPERCUSSIONS
Previously,
it was a criminal offence
to employ an illegal worker
and breaking the law could
incur a fine of up to £5,000
per employee. However,
many found the system
confusing. The 2006 Act
presents a clearer set
of guidelines and increases
the potential fine to £10,000
per employee. Company
directors found guilty
of employing illegal foreign
workers may also face
imprisonment
for up to
two years.
Employers
need to prove that they
have retained copies of
original official documents
before they employ someone.
They also need to demonstrate
that they carry out supplementary
checks on existing employees.
For instance, some visas
are only valid for a year,
so it is crucial that
they are checked on an
ongoing basis.
However,
the damage can often be
done before an illegal
immigrant is detected.
Allowing
unchecked and
unreferenced employees
into an organisation heightens
the risk that vital customer
and corporate information
could be misappropriated
and misused. Retailers
spend millions investing
in secure IT systems and
building in-store security,
yet render those defences
ineffective
by ignoring
the weakest link in the
chain, the threat within.
CRUNCH
TIME
Recent
research undertaken by
Experian Background Checking
revealed that 40 per cent
of people lie on their
CV. With the credit crunch
impacting on the labour
market, candidates are
increasingly looking for
ways to differentiate
themselves, making it
more likely that they
will embellish their CVs.
It
is vital that HR departments
thoroughly check documents
which they may not always
be familiar with. For
example, it is unrealistic
to expect a HR director
to validate and recognise
passports from every country
around the globe. Technology
advances mean that scanners
are now available which
can verify passports,
thus reducing the chances
of ID fraud.
One
area that retailers often
overlook is temporary
and contract staff. Both
have access to the same
extent of information
that permanent staff do,
so should be treated with
the same rigour. It is
also worth checking that
any third-party recruitment
agency that you use carries
out background
checks
on staff.
TIME
FOR A CHANGE
The
new immigration rules
are long overdue. The
previous system left employers
confused over
their responsibilities,
allowing some rogue employees
to slip through the system.
Employers
need to take this opportunity
to check employees are
who they say they are,
in order to avoid imprisonment
and steep fines, and
to stamp out fraud.
Nick
Harness of backgroundchecking.com
TOP
TIPS
• Implement
a clear policy in your
recruitment process
• Advertise
the fact that you carry
out background checks
- this will act as a deterrent
to rogue candidates
• Carry
out ongoing checks on
staff - remember work
permits may only be valid
for a year
• The
best liars are often the
best interviewees
• Treat
contractors and temps
with the same rigour you
treat permanent employees
• Insist
that third party suppliers
and recruitment agencies
adopt your background
checking regime
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