Were you aware that if your nanny is found to be illegally employed, you may be liable to civil penalties and an eye-watering fine of £20,000? And if you knowingly employ illegal workers, there can be prison sentences of up to 2 years as well as unlimited fines.
How employers of nannies can comply with the law
It is a legal requirement that employers check documents to establish a person’s eligibility to work in the UK. So, when employing a nanny or any other domestic staff, you will need to obtain copies of certain documents (whether you believe your prospective nanny to be British or not). Employers must be able produce either the documents outlined in Option 1 or those in Option 2 below:
OPTION 1
Any one of the following:
- A passport showing that the holder is a British citizen, or has a right of abode in the UK
- A passport or identity card showing that the holder is a national of an EEA or Switzerland
- A passport or travel document showing that the holder can stay indefinitely in the UK
- A residence permit, registration certificate or Home Office or Border Agency document indicating rights of permanent residence to an EEA or Swiss national or family member
- A passport or other travel document indicating the holder is allowed to stay indefinitely in the UK
Or an official document showing the employee’s permanent national insurance number together with one of the following:
- A full birth certificate issued in the UK or Channel Islands, Isle of Man or Ireland which includes the names of the holder’s parents
- A certificate of registration or naturalisation stating that the holder is a British citizen
- A letter or Immigration Status Document issued by the Home Office, which indicates that the person can stay indefinitely in the UK or can do the type of work being offered
OPTION 2
- A passport or travel document or letter from the Home Office endorsed to show that the holder is able to take the employment in question
- A work permit together with a passport or travel document or letter from the Home Office endorsed to show that the holder is able to take the employment in question
Simple steps to protect yourself against prosecution
Ultimately, you need to satisfy yourself that your potential nanny is the rightful holder of any of the documents they present to you. Be sure to make a photocopy or a scan of the following:
- The front cover and pages containing the employee’s personal details, photograph and signature
- Any page containing a UK stamp or endorsement
Doing this will establish what is called a statutory defence – but failure to do so could result in prosecution, and the employees concerned could also be deported!
