Over the Summer some of the new employment-related parts of the Immigration Act 2016 began to apply.
The main points to be aware of are that since 12 July 2016:
- it is a criminal offence for a person to work when he or she reasonably believes that their immigration status prevents them from doing so. The earnings of illegal workers can be seized.
- employers of illegal workers could be convicted if they had reasonable cause to believe that the employee's immigration status was a bar to them working. This extends the previous offence of knowingly employing an illegal migrant. A maximum prison sentence of five years could be imposed, and a fine. In some circumstances, the business could be closed down for up to 48 hours.
It is more important than ever for employers to check, on an ongoing basis, that their workers have the right to work in the UK, and for them to keep good records. Employers should also ensure that those within their business who are involved in recruiting people to work for the employer know what's expected of them, and that they understand the severity of getting this wrong.
October Changes
October usually brings changes to employment law. However, this year the only real change was the annual increase to National Minimum Wage rates. The rate for workers aged 21 to 24 has increased from £6.70 to £6.95 per hour (with lower rates for younger workers and apprentices). The National Living Wage for workers aged 25 or over remains at £7.20 per hour and is not due to increase until next April.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
