Illegal Working

George Heron

George Heron

Email Click to email
Phone 01952 566918

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.

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