UK employers must be aware of the law on preventing illegal working. This is set out in sections 15 to 25 of the Immigration, Asylum and Nationality Act 2006 (the 2006 Act).
Illegal working often results in abusive and exploitative behaviour, the mistreatment of illegal or overstayer migrant workers, tax evasion and poor housing conditions. It can also undercut legitimate businesses and have an adverse impact on the employment of people who are lawfully in the UK and on the UK economy.
Under section 15 of the 2006 Act, an employer may be liable for a civil penalty for employing an individual who does not have the right to undertake the work in question. This could result in:
An employer may establish a statutory excuse against civil liability by carrying out prescribed document checks before any employment begins.
Employer Checking Service
Employers who are reasonably satisfied that the individual has an outstanding application with the Home Office that was made before their previous leave expired or has an outstanding administrative review or appeal against a Home Office decision can get a Positive Verification Notice which confirms their right to work from the Employer Checking Service (https://www.gov.uk/employee-immigration-employment-status)
Under section 21 of the 2006 Act an employer may be prosecuted for the offence of “knowingly employing an illegal worker”. The criminal penalties include:
The statutory excuse of having carried out prescribed document checks before any employment begins is not available where the employer knows that the employment is not permitted.
Our experienced lawyers can help Employers:
We will assist by:
DESCARTES SOLICITORS is recognised as one of the leading multi-practice firms in the UK. Our specialist immigration team works closely employers issued with Civil Penalty notices or being prosecuted for employing or knowingly employing an illegal worker.
For advice and assistance in respect of challenging civil penalty notice, appeals or related criminal defence, please contact our lawyers on 02089953556/08445569901 or e-mail firstname.lastname@example.org.