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Prevention of Illegal Working

4th January, 2017

From 1 December 2016, if an employer who has previously committed immigration offences or has failed to pay an immigration penalty is found to again, be employing a person who is not entitled to work in the UK, the employer’s premises may be closed down for a period of up to 48 hours pending the outcome of an application for an illegal working compliance order.

The Illegal Working Compliance Order Regulations 2016 also came into force on 1 December 2016 and set out the requirements to ensure that an employer complies with an illegal working compliance order.

An illegal working compliance order may:

  • Prohibit or restrict access to premises or part of the premises;
  • Require a specified person to carry out, at times specified, checks relating to the right to work;
  • Require a specified person to produce to an immigration officer, at the times and places specified, documents relating to the right to work;
  • Specify the times at which and the circumstances in which an immigration officer may enter the premises to carry out investigations and inspects; and
  • Make such other provision as the court considers appropriate.

An employer has an obligation to prevent illegal working and should carry out checks to ensure that anybody employed by them is entitled to work in the UK. Examples of what the employer should do are:

  • Carry out ‘right to work’ checks prior to employment commencing;
  • Carry out follow up checks on all employees who have limited permission to live and work in the UK and/ or require a document to evidence their right;
  • Keep confidential records of all checks carried out;Not employ anyone the employer knows, or has reasonable cause to believe, is an illegal worker.

If you believe you may be employing an illegal worker or would like advice in relation to your recruitment process then please contact our Employment Department.

Ben Mason

Associate

Employment Law
Email: [email protected]
Tel: 01743 294129

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