The news that the Attorney General Baroness Scotland has allegedly been caught employing an illegal worker highlights the fact that domestic employers have the same responsibilities as commercial employers. Trying to avoid these can not only be very costly, but can also cause potentially career damaging publicity.

Nannytax is the UK’s leading payroll support service for employers who employ nannies and other domestic staff. We help thousands of domestic employers navigate the minefield of their legal responsibilities and provide all clients with unlimited support and advice on how to ensure that their responsibilities as employers are met and that the rights of their employees are looked after. Nannytax provides expert advice on employment responsibilities to help nanny employers avoid unnecessary costs and damaging publicity.

Since the story broke on Thursday morning, Nannytax has received numerous calls from domestic employers, concerned whether they are doing the right thing. Stuart Maclean, Managing Director of Nannytax commented: “Employing domestic staff is not just about ensuring that you deduct the correct tax and National Insurance contributions, but as an employer you have numerous other responsibilities, which can be difficult and time-consuming to navigate, especially for a first-time employer”.

Baroness Scotland appears to have fallen foul of legislation she herself promoted when she helped push the Asylum and Immigration Act 2006 through Parliament. According to this Act all UK employers are required, by law, to make basic document checks on each person they intend to employ in order to establish that they have a right to work in the UK and are here legally. Failure to make these checks puts the employer at risk of committing a criminal offence; hence the position Baroness now finds herself in.

All domestic employers, including Baroness Scotland, should be aware that knowingly employing someone without the right to work in the UK is an offence that carries a penalty of up to two years in prison and/or an unlimited fine. They must also know that failing to establish the statutory excuse by not carrying out the checks also carries a punitive penalty of up to £10,000 per illegal worker. Baroness Scotland should know this because she helped push the legislation through in the first place. So she, and indeed all domestic employers, cannot even claim ignorance of the law, which is no defense in law in any event. In light of this, it is difficult to comprehend the statement released by her office today which says that “Baroness Scotland has never knowingly employed an illegal immigrant".

Nannytax is a strong advocate of ensuring that both domestic employers and their employees are fully compliant with UK law and believes that if they fail to do so, the appropriate statues and legislation are enforced. Nannytax ensures that all our clients are aware of their responsibility to make the essential document checks when employing.