In July certain parts of the Immigration Act 2016 came into force bringing new sanctions against illegal workers and the employment of illegal workers. The main ones to be aware of are:
- A broader definition of what constitutes a criminal offence for employing illegal workers (for employers) – see below
- Increased maximum penalties for employing illegal workers (20k per employee)
- The creation of a criminal offence for working illegally (for employees)
- The creation of a new Director of Labour Market Enforcement
- Additional powers for immigration officers to search and seize documents.
Previously an employer was required to have ‘knowingly’ employed an illegal worker. It is now a criminal offence if they had ‘reasonable cause to believe’ an employee is an illegal worker. The new wording reduces the burden of proof and makes it easier to prosecute an employer. The maximum custodial sentence on prosecution has increased from two to five years.
The new Act makes illegal working a criminal offence its own right. Illegal workers could face a maximum custodial sentence of six months or a fine. Wages paid to an illegal immigrant will be recoverable under the Proceeds of Crime Act 2002.
There is new power for immigration officers to close sites for up to 48 hours where a business has been found to employ illegal workers. The closure notice may be cancelled if an employer can prove it has conducted adequate right to work checks. If the employer is unable to do so, the business could be placed under special compliance requirements. This may be maintained for a period, followed by re-opening subject to compliance inspections and the requirement to conduct right to work checks.
The new requirements have been introduced to limit the exploitation of low-skilled workers and to strengthen the current immigration system, making it harder for those individuals who have no right to be in the UK.
Comment: Do you conduct right to work checks on all your new recruits?? If in doubt of your obligations please get in touch. The repercussions – sanctions, bad PR etc if you don’t do these checks could be very harmful.
NOTE: Byron burger chain received lots of social media bad press after the management allegedly worked with the Home Office Enforcement Officers on raids throughout London that rounded up 35 illegal workers – potentially saving themselves massive fines - for the story see here
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