Good Lawyer Guide's response

You must make sure all potential employees are legally entitled to work in the UK and not subject to immigration control which could prevent them working here. Do note that it is illegal for you to employ illegal immigrants and others not legally entitled to work here, and you could be charged with a criminal offence if you do so and you could risk an unlimited fine or a prison sentence. It is also an offence to employ someone who is breaching his or her conditions of stay in the UK by working for you. It is important you are fully aware of what is required of you to avoid any risk of prosecution.

If you have any doubts about the immigration status of potential employees’, ask to see their papers. It is also advisable to have a have a robust immigration policy in place to minimise the risk of you committing any offence.

Fong-on Joshua Lau's response

Building on the previous answer, an employer must also be careful not to fall foul of employment law which they may do inadvertently by implementing a recruitment policy that is in effect discriminatory towards migrant workers.

You should consult the UK Border Agency website for guidance on what paperwork you need to see, and keep copies off, from your employees in order to protect yourself from prosection for illegal employment.

Alternatively, a good immigration solicitor can help you establish and implement a suitable and ongoing policy in order to minimise your risk.

Don't forget, an employer may be liable to a civil penalty of upto £10,000.00 per illegal employee apart from the potential criminal sanctions referred to in the earlier answer.