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New Immigration Bill toughens up penalties for illegal working

The Home Office has announced that the Immigration Bill will include a range of new powers to deter people from trying to find work illegally and measures to deal more effectively with rogue businesses who offer them employment.

The Home Office has announced that the Immigration Bill will include a range of new powers to deter people from trying to find work illegally and measures to deal more effectively with rogue businesses who offer them employment. A new offence of illegal working will allow wages to be seized as proceeds of crime. Anyone prosecuted for this new offence will face a sentence of up to six months in prison and an unlimited fine in England and Wales. New powers will make it easier to prosecute an employer who knows, or reasonably suspects, that the person they employ has no permission to work in the UK. The existing evidence requirement to prove this offence will be changed in order to boost prosecutions and the current maximum sentence will be increased from two to five years. Any employer who continues to flout the law and evade sanctions could see their business closed for up to 48 hours while they prove right to work checks have been conducted on staff. 

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The aim is to provide summary information and comment on the subject areas covered. In particular, where employment tribunal and appellate court cases are reported, the information does not set out full details of all the facts, the legal arguments presented by the parties and the judgments made in every aspect of the case. Click on the links provided to access full details. If no link is provided contact us for further information. Employment law is subject to constant change either by statute or by interpretation by the courts. While every care has been taken in compiling this information, SM&B cannot be held responsible for any errors or omissions. Specialist legal advice must be taken on any legal issues that may arise before embarking upon any formal course of action.

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