Despite the uncertainty brought about by the leave EU referendum decision, employers do need to be aware of important changes being introduced by the Immigration Act 2016 which come into force on 12 July 2016.
The underlying purpose of the Act is to make the UK unattractive to illegal migrants if they do not have the right to work here and deals with such issues as: stopping illegal migrants from accessing housing and having access to housing, bank accounts and driving licences.
On 12 July illegal working becomes a criminal offence and employers are liable for increased criminal penalties for employing illegal workers.
People who are convicted of illegal working may have their wages seized and carries a sentence of up to 6 months in prison and /or an unlimited fine.
At the moment employers face a fine of £20,000 and up to 2 years in prison for knowingly employing an illegal worker. From 12 July, the nature of the offence is extended to include circumstances where the employer has 'reasonable cause' to believe that an employee is barred from working due to their immigration status. The imprisonment period is increased to 5 years.
Employers must check that their employees have the right to work in the UK and must be able to produce the documentation to prove that these checks have taken place.
Staff responsible for recruitment and HR must be aware of these changes and be properly trained.
To discuss this or any other employment related issues contact us.