Amandeep Murria of Kangs Solicitors highlights the change in the evidential burden placed upon employers to ensure they do not employ illegal workers

Section 35 Immigration Act 2016 | Kangs Advisory Solicitors

As from the 12th July 2016 it is an offence if an employer employs a person knowing or having reasonable cause to believe that such person is disqualified from employment by reason of that person’s immigration status.

The change in the legislation means that the employer can no longer evade prosecution where the investigating authority cannot prove that the employer actually knew the employee had no permission to work but it can show that such employer had reasonable cause to believe the employee had no such permission.

Once found that such reasonable cause existed, the employer faces the risk of being  prosecuted.

Employer Obligations| Avoiding the Penalties | Kangs Immigration Team

As an employer, you have an immediate and ongoing duty to ensure you have the necessary procedures in place to ensure you do not employ any person who is not entitled to be legally employed in the UK.

If the requisite necessary checks are undertaken, and they provide no grounds for doubt, you will have a defence against liability for a civil penalty.

However, if you fail to install proper enquiry procedures, or if they are not implemented or are  ineffective, with the result that you employ someone who does not have the right to work, you face the risk of facing a financial  penalty.

This civil penalty can amount to £20,000 in respect of each illegal worker taken into employment.

Additionally, you may also be committing a criminal offence which could lead to five years imprisonment in addition to any fine imposed.

How We Can Help | Kangs Proactive Solicitors

Helen Holder of Kangs Solicitors recently represented a client who had employed workers who had no right to work because of their Immigration status.

Our client was clearly very worried about facing a huge financial civil penalty and facing a  term of imprisonment.

Following detailed preparatory work and negotiations with the prosecuting authority, a significantly reduced civil financial penalty was achieved and no criminal proceedings were instigated.

Our delighted client has been able to continue running his previously successful business, now bolstered by proper procedures to ensure that he does not fall foul of this law again.

Who Can I Contact? | Kangs Immigration Solicitors

At Kangs Solicitors have a very experienced team available to help you if issues arise regarding the employment of workers with immigration issues.

Our Solicitors are available meet with you at our offices in Birmingham, London or Manchester.

If you are concerned about any issues similar to the above, our team can be contacted through any of the following:

Hamraj Kang
hkang@kangssolicitors.co.uk
07976 258171 | 020 7936 6396 | 0121 449 9888

Helen Holder
hholder@kangssolicitors.co.uk
0121 449 9888 | 020 7936 6396

Amandeep Murria
amurria@kangssolicitors.co.uk
0161 618 1098 | 0121 449 9888 | 020 7936 6396