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Government reforms (2): Illegal working – government guidance


What do we already know?

In our April Newsletter Government reforms (2) – Illegal working – penalties on the up and our Newsflash Illegal working – code of practice we updated you on:

  1. the Government’s draft code of practice to assist employers to avoid unlawful discrimination in pre-employment checks and draft statutory Code of Practice on the civil penalty scheme; and
  2. that the civil penalty for employing illegal workers increased to £20,000 from 16 May 2014.

What’s new?

The Home Office has published two guides to assist employers with the above recent changes to the UK immigration system:

1.  An employer’s guide to the administration of the civil penalty scheme, available here;
2.  An employer’s guide to right to work checks, available here; and
3.  An employer’s guide to acceptable right to work documents, available here.

These guides will be referred to by Home Office officials when administering the civil penalty scheme and when considering whether employers have carried out the correct document checks. These checks can be used to establish a statutory excuse against liability for a civil penalty, if they are found to employ illegal workers.

The Home Office has also produced a:

4.  Right to Work Checklist, available here;
5.  Statutory Excuse Checksheet, available here to assist employers with the recruitment process;
6.  List of frequently asked questions about the illegal working civil penalty scheme, available here; and
7.  3 step guide to carrying out a right to work check – this very back to basics guide is available here.

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