Under the draft Immigration (Employment of Adults Subject to Immigration Control) (Maximum Penalty) (Amendment) Order 2014, the maximum civil penalty for employing an illegal worker will increase from £10,000 to £20,000 for each worker found to be illegally employed. The Order will come into force on 6th April 2014 if it is made before that date but, if it is made on or after that date, it comes into force on the day after the day on which it is made. The change to the size of the civil penalty follows a Home Office consultation which set out proposals to increase the sanctions on employers who employ and exploit illegal migrant workers. The UK Border Agency provides advice on preventing illegal working, including the duty to check potential employees' documents before being employed, to ensure they have the right to work in the UK, enabling employers to establish a statutory (legal) excuse against having to pay a penalty if illegal workers are discovered.

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