Chester 01244 405555

Grosvenor Court
Foregate Street Chester
Cheshire CH1 1HG
DX: 19990 Chester

Shrewsbury 01743 443 043

Lakeside House
Oxon Business Park
Shrewsbury SY3 5HJ
DX: 148563 Shrewsbury 14

Manchester 0844 800 8346

Office Number 129
Manchester Business Park
3000 Aviator Way
Manchester M22 5TG

Send us a message
Our Offices

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

You might also be interested in...

Opening up the Market in the United Arab Emirates

10th September, 2018

This is the first in a series of  6 articles with regards to establishing a business in the... Read More »

What to do if you receive a statutory demand…

9th August, 2018

We have been approached by a number of clients who have received a statutory demand, either personally or to their company, and they have asked us what to do about it. One business was contacted by a company demanding payment of a debt owed under a contract for TV advertising in a shopping mall.  We presume – but... Read More »

Farming solicitor Ben Brassington joins top law firm in Shrewsbury

3rd August, 2018

Agriculture and Estates specialist Ben Brassington has strengthened the services offered by Top 200 legal firm Aaron & Partners LLP A dairy farmer with more than 18 years’ experience as a Partner in his family’s farming business has been appointed by a top legal firm in Shrewsbury. Ben Brassington, who has also been working for several years as... Read More »

Contact Us