New penalties for employing illegal workers mean salons must be rigorous on right to work checks, says NHBF

Salon and barbershops are being warned new rules cracking down on firms that employ people illegally came into effect last week (12 July) under the Immigration Act 2016.

One key change is that an employer can now be found guilty of employing an illegal worker if investigators decide he or she did so while having "reasonable cause" to believe the employee was disqualified from working.

Previously, government investigators had to show the employer actively knew it was employing an illegal worker. The change therefore makes it easier for the government to prove an employer has committed an offence in this area.

The Immigration Act has toughened up the penalties for emplying a worker illegally. An employer found guilty can face a jail sentence of up to five years (an increase from the previous two years) and can be hit with a substantial financial penalty. Businesses can also be shut down for up to 48 hours while being investigated.

The changes mean it is even more important salons carry out "right to work" checks on new employees to make sure they are legally allowed to work in the UK, the NHBF has emphasised.

Employers have been required to carry out such checks on prospective employees since 2008, or face a penalty of up to £20,000 per illegal employee employed.

Checks should include ensuring documents given to them are genuine and undoctored, that photographs look the same (and are actually of the applicant), that birth dates and ages tally, that a person can show evidence they have permission to do the work they're applying for, and their right to work in the UK has not expired.

NHBF president Agnes Leonard said: "When you've found someone you think is going to be a good fit for your salon, it can be only too easy to overlook whether they're actually legally able to work in this country.

"But salon owners who forget about, or just ignore, this important check are putting themselves and their businesses at risk. Most of the time taking on a new staff member is straightforward. Right to work checks are quick and relatively easy to do; so don't get caught out - do them."