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

Pall Mall Court
61-67 King Street
Manchester M2 4PD

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...

Legal expert’s data protection workshops pull in the crowds

22nd May, 2018

With the General Data Protection Regulation (GDPR) coming into force in May, businesses across Shropshire have been flocking to hear more about the new laws Paul Bennett, a partner at law firm Aaron & Partners LLP, has been delivering seminars in partnership with the Shropshire Chamber of Commerce An employment solicitor from Shrewsbury is urging businesses across the... Read More »

Experienced HR leader joins Aaron & Partners LLP

15th May, 2018

Experienced HR leader joins Aaron & Partners LLP Law firm with offices in Chester and Shrewsbury appoints Kate Robertson to drive HR strategy for more than 120 staff and to support the company’s growth Chester law firm Aaron & Partners LLP has strengthened its senior leadership team with the appointment of an experienced human resources manager. Kate Robertson... Read More »

When you should NOT pay the bailiff…

24th April, 2018

Jan Chillery, Insolvency Partner at Aaron & Partners LLP, shares her experience and the reasons why we should be cautious before paying so-called “bailiffs” over the phone or online without vetting them first. My neighbour has told me that recently he had a CCJ (County Court Judgment) against him. A day or so later, he received a phone call... Read More »

Contact Us