Employers should note that a new office of illegal working is now in force. This means that earnings of illegal workers can be seized under the Proceeds of Crime Act 2002.
In addition, the existing criminal offence of knowingly employing an illegal immigrant has been extended to include the positon where an employer has 'reasonable cause' to believe that a person is an illegal worker.
An employer can be jailed for 5 years or given an unlimited fine if they are found guilty of employing someone who they knew or had 'reasonable cause to believe' did not have the right to work in the UK.
This includes, for example, reason to believe that:
- The employee did not have permission to enter or remain in the uk
- Their leave had expired
- They were not entitled to do certain types of work
- Their papers were incorrect of false
To discuss this or any employment related issue, contact us.
Link to Government guidance on right to work checks.