Beware 'racist claim' on jobs

3:48pm Tuesday 11th March 2008

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A NEW Australian-style points and licensing system for workers from outside Europe could expose employers to racism charges if they are not careful, according to a Bolton law firm.

Keoghs, based at The Parklands, Horwich, issued the warning after the Government announced a new system requiring all companies wishing to employ workers from outside Europe to hold a licence.

Licences will be issued by the Border and Immigration Agency (BIA) and require employees to be assessed in a five-tier points system.

The aim of the system is to attract the most talented people from outside Europe, with the skills to help the UK remain a global leader in the fields of finance, business and technological innovation.

Keoghs warns that a requirement of employers to see identification materials from employees that prove nationality, skills and qualifications could be open to charges of racism if all employees, regardless of where they are from, are not subject to the same procedures.Kevin McKenna, head of employment law at Keoghs, said: "The danger is that if someone comes along called John Smith and he has a Bolton accent, you won't bother getting his details, but if someone comes along and he is non-indigenous, then you might well ask him for more information.

"This might be perceived as racially motivated. There is no obligation on you as an employer to take copies of documents, but if you do take copies, it gives you a lawful excuse if you are challenged."

The first tier of the new system was introduced on February 29. It covers applications from highly- skilled migrants such as scientists or entrepreneurs. The other four tiers of employment will be introduced during the next 18 months.

Under the new rules, employers will face civil penalties of up to £10,000 for each illegal worker they employ. Those knowingly hiring illegal workers could incur an unlimited fine and be sent to prison.

Gill Mortlock, regional director for the Border and Immigration Agency in the North-west, whose staff will administer the new system in the region, said: "These changes will have a major effect on every business in the North-west which employs migrant workers from outside the European Union.

"All types of businesses will be affected from takeaways to universities."

In the period between April and December 2007, 1,150 people who were in the UK illegally were removed from the North-west. There were 270 successful operations carried out against businesses employing illegal workers in the region.