As with most situations, the law seems to side with the illegal immigrant. A case Hewison v Meridian Shipping held that even though Hewison had obtained his employment by serious deception, he was still entitled to recover damages for the injury he received. He may well however be barred from recovering loss of earnings or loss of earnings may be calculated on what he might have received in his home country. This case is likely to be the precedent for other such incidents in the UK. An illegal immigrant may be reluctant to put a claim forward, bearing in mind he would have to disclose his situation that could lead eventually to deportation, but some may see any awards as sufficient recompense for such a result.

Insurers may however look carefully at the position of the employer. If there was any evidence that the employer had an idea or turned a blind eye that the employee had illegally entered the country, they would be likely to refuse to handle the claim. They could not condone an illegal act. In this eventuality, the employer would be left picking up the bill and this could end in financial ruin.

Regardless of whether an insurer pays the claim in question what they will not do in any circumstances is pay any resultant fines or penalties that the business may incur as these will always be excluded from any Liability claim.

It is therefore very important that employers are especially vigilant. A failure to do so could spell disaster as, in addition to refusing to pay the claim, insurers may refuse to renew the policy cover at the next renewal date, causing all sorts of additional headaches.

Documents to check to prevent illegal working

There are different types of documents that the potential worker may have that can satisfy you whether they are able to work legally. These are prescribed by the Home Office. You can find out more by visiting www.homeoffice.gov.uk In summary:

List 1 specifies those documents that the government considers secure enough to ‘standalone’. These include a UK or EU passport, an EU national identity card or a passport containing an endorsement to show the holder can do the type of work you’re offering without a work permit. You only need to examine and copy one of the documents listed above

List 2 Specifies documents which must be presented in a combination to provide a defence. See the combinations below:

 

First Combination	Second Combination
An official document with permanent NI number; and either	A work permit issued by Work Permits (UK); and either
A full birth certificate; or	A passport endorsed to show the worker can stay in the UK and take up the relevant work permit employment or;
A letter from the home office; or	A letter issued by the Home Office confirming the above.
An immigration status document issued by the Home Office

For further information please contact the PoundGates team
e-Mail: info@poundgates.com or 01473 216406
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