Employers should note that a draft order has been laid before Parliament which will increase the maximum civil penalty which may be payable where an employer is found to have employed adults who are subject to immigration control but do not have the right to work in the UK. The draft order increases the maximum penalty from £10,000 to £20,000. The government has stated in a press release that the new penalty will come into force at the start of May 2014.
Most employers will have in place a system to carry out the relevant checks on an individual’s right to work in the UK before they commence employment, so this should not be of any concern. However, it is always worth reviewing your procedures every few years to ensure that those carrying out the recruitment checks are adhering to the rules and checking the right documents. In particular, it is important to ensure that you follow the right process to avoid any suggestion of discrimination – this involves checking all new employees, not just those who you may feel are more likely to be subject to immigration control for any reason. If you are in any doubt, give us a call for advice.
If you would like to talk through a situation you are dealing with, or if you need advice on any aspect of employment law, please contact any member of the Pure Employment Law team (01243 836840 or [email protected]).