Employers are facing tougher punishments if they are unable to prove their workers have the legal right to work in the UK

Employers could face imprisonment and fines of tens of thousands of pounds unless they are able to prove they have taken all reasonable steps to check their staff have a legal right to live and work in the UK.

The warning comes from Phil Brown, of online HR toolkit creators Youmanage, amid new tough Government measures designed as "part of the biggest immigration shake up for 40 years".

Under the new Immigration, Asylum and Nationality Act 2006, which has just come into effect, employers could face up to two years behind bars and/or a fine of up to £10,000 for each illegal immigrant found to be working on their premises.

Mr Brown warned employers across the country that it was now more important than ever not only to carry out stringent background checks before taking on a new employee, but also to keep a record of those checks as concrete evidence.

Speaking of the new measures, Immigration Minister Liam Byrne said: "Illegal working attracts illegal migrants and undercuts British wages. The message is clear for employers - we will not tolerate illegal working."

Phil Brown, managing director of Youmanage, said: "The Government is really cracking down on businesses which knowingly employ illegal immigrants, which is why it is so important now to not only make checks on anyone you recruit, but also to be able to produce hard evidence demonstrating that you made those checks before taking that person on.

"Just this month a business owner in Bury, whose premises were raided by immigration officers, was fined £2,000 after admitting four charges of employing illegal workers.

"Although two of his staff had produced false documents, he was still punished as he took them at face value and did not keep a copy of them and was therefore unable to prove he had made stringent checks."

Mr Brown urged all businesses to protect themselves by keeping up-to-date with the laws and to make stringent checks on every applicant, keeping a thorough record of those checks.

He said: "The tough penalties imposed under this new Act are enough to force some businesses to close. As of now, anyone found employing illegal immigrants has to be able to prove they showed diligence in carrying out the necessary checks."

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