The Home Office has published updated guidance on illegal working checks incorporating information on the new illegal working offences introduced by the Immigration Act 2016 on 12 July 2016. ‘An employer’s guide to right to work checks’ updates the guidance on conducting checks to prevent illegal working by providing information on two new criminal offences, i.e.: (i) where a person subject to immigration control works when disqualified from doing so, leading to up to six months’ imprisonment and/or an unlimited fine and where wages from illegal working can be seized – Page 4; and, (ii) where an employer employs an illegal worker when there is ‘reasonable cause’ to believe that the person has no right to work (this adds to the offence of ‘knowing’ the person has no right to work) – Page 5.
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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.
This provides summary information and comment on the subject areas covered. Where employment tribunal and appellate court cases are reported, the information does not set out all of the facts, the legal arguments presented and the judgments made in every aspect of the case. 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, we 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.