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Check lists have been issued to businesses to help with the legal pitfalls of employing immigrant workers.

A lot of practicalities must be looked at to employ a worker from outside the UK and steps known as ‘section 8’ checks have been put in place to inform employers of the basics.

Robert Gibson Head of Newcastle Law Firm Samuel Phillips’ employment law team said: “If companies want to employ foreign workers then they must ensure they are allowed to work here before taking them on.

“If you follow all the steps in the section 8 process then you will have a statutory defence against prosecution for employing an illegal migrant worker.”

Section 8 lists five basic steps in accordance with current legislation to overcome the problem. The first step asks the employee to provide original documents to prove their entitlement to work in the country followed by running through a check list to verify the ID.

Once the employer is happy the document is genuine it must be saved and stored in a secure place to make sure the information can’t be changed.

Step four asks the employer to determine whether or not they are employing an “A8” worker which looks at which country they are originally from.

A8 workers need to register with the Working Registration Scheme within a month of starting work with a company which will provide the employer with a certificate. Some workers will be exempt from the scheme and will need to be asked for other evidence.

The final step checks whether or not the worker is from Romania or Bulgaria making them an “A2” worker. A range of options follow to determine if they have the right to live and work in the UK.