7 September 2016
Government legislation has this year introduced various provisions relating to the employment of illegal workers. The imaginatively titled ‘Immigration Act 2016’ has the stated aim of introducing “new sanctions on illegal workers and rogue employers”.
The most notable of these is probably the introduction of the new offence of ‘illegal working’. This offence is applicable to cases where a person is disqualified from working due to their immigration status and they either ‘know’ or have ‘reasonable cause to believe’ that this is the case. The new legislation enables the earnings of illegal workers to be seized under the Proceeds of Crime Act.
A second notable feature of the Act is the extension of the existing offence of knowingly employing an illegal immigrant. The offence has now been extended to encompass situations where the employer has reasonable cause to believe that a person is an illegal worker.
This makes it more critical than ever that employers take all necessary steps to ensure that new employees have the right to work in the United Kingdom. Even prior to this Act, there were major financial deterrents to employing illegal workers – for instance, a maximum civil penalty of £20,000 for each individual who does not have the right to work.
At Alpha, we have a vast experience in providing bespoke, practical advice on HR and employment law issues. This includes providing specific advice on how to ensure that the staff you employ are working for you legally. We are proud of our commercial outlook and do not sit on the fence. If you would like to have Alpha on your side, please feel free to contact us.
Martin Kaye have provided advice in some highly complex HR matters and they continue to provide our day to day HR advice through their "ALPHA" HR scheme. They offer a very commercial and pragmatic approach and we have always been impressed by the level of service. The members of staff are approachable and easy to deal with.
Eurofilms Extrusion Ltd
Martin Kaye have provided us with employment and HR advice for several years and we have been very pleased with the level of service and quality of advice provided. We have no hesitation in recommending the team to any organisation which wishes to manage its employment related enquiries.
D Wauchope, Company Secretary
McPhillips (Wellington) Ltd
As a large employer of cleaning personnel, we require expert and prompt employment related advice. Martin Kaye's "ALPHA" service provides this in a clear and robust manner. We have been extremely impressed with the service and would thoroughly recommend them to any employer requiring expert HR & employment support.
J Conry, Chairman
It is important for us to create a close relationship with our advisors. Martin Kaye's "ALPHA" HR service is excellent. It enables us to work closely with our lawyers particularly in the complex area of employment law.
Johnny Hobeika, Operations Manager
Sanita (UK) Ltd
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