The Immigration Bill 2015-16 had its first reading in Parliament on 17 September 2015 and is expected to have its second reading on 13 October 2015. The principal clauses affecting employment are set out below.

Clause 8 makes it a criminal offence for a person subject to immigration control to work if they have not been granted leave to enter or remain, have overstayed that leave, or are in breach of a condition on that leave that prohibits work. In England and Wales, the maximum penalty will be 51 weeksʹ imprisonment or a fine or both and the earnings of illegal workers can be seized under the Proceeds of Crime Act 2002.

Clause 9 amends the offence of employing an illegal worker under the Immigration, Asylum and Nationality Act 2006. Currently an employer commits an offence if he employs a person ‘knowing’ that the employee cannot work in the UK. This clause inserts the words ‘or having reasonable cause to believe’ after ‘knowing’ to make the offence easier to prove. The maximum term of imprisonment for conviction of the offence on indictment is increased from two years to five years.

Clause 11 provides immigration officers with a new power to issue a notice to close business premises or a place of work for a specified period if illegal working is discovered and certain conditions are met, and to issue compliance notices that set out the conditions the business must meet before it can be reopened.

Clause 38 will require workers in specified public authorities, who regularly speak to the public as part of their role, to speak fluent English to the extent that it enables them to perform their role effectively. Public authorities will need to consider a code of practice issued by the relevant Minister when deciding how to comply with the duty.

Content Note

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