The Immigration Minister has recently re-iterated the Government’s pledge to tackle illegal working and has now announced further details of the proposed measures. Here, Greenwoods Solicitors outline the key proposals and impact for employers.
The key proposals for employers to be aware of are:
- any businesses that are caught repeatedly hiring illegal workers could be closed for up to 48 hours while the business proves that right to work checks have been conducted on staff and while border officials investigate;
- the worst offending employers could be placed under special measures and could face long-term closure;
- any pub, off-licence or late-night takeaway that is found to have employed illegal workers could be stripped of its licence to sell food and alcohol; and
- steps will be taken to boost prosecutions against offending employers and to increase the current liability for knowingly employing an illegal worker from two to five years imprisonment.
Impact for employers
We await further details on when these new provisions are likely to come into force. However, in the meantime, all employers of whatever size need to ensure that they are carrying out thorough and proper right to work checks – not only before employment starts but also during the continuation of the employment relationship where a worker’s right to work in the UK is time-limited.
Employers should ensure that they keep up to date with the immigration status of all of their workers and keep a clear paper trail and have proper recordkeeping systems in place.
Written by Sophie Kerry and Oonagh Sharma, Employment & Employee Benefits Department, Greenwoods Solicitors LLP
The information contained in this article is intended to be a synopsis only. Before acting on it, you should take professional advice.
If you would like advice or assistance on this issue, please contact Sophie Kerry on 01733 887684 or smkerry@greenwoods.co.uk
Greenwoods Solicitors LLP is a fast-growing commercial firm based in Peterborough, Cambridge and London with an excellent reputation built on a regional, national and international client base. The firm prides itself on a ‘City level’ of quality and responsiveness built on high calibre lawyers, but marked by a personal approach. This, combined with a realistic approach to pricing, delivers a law firm that many household name clients find a very effective solution to legal needs.
