Newsflash: Illegal working – code of practice

illegal-workingWhat do we already know?

In our recent April Newsletter we updated you on recent Government reforms to prevent the employment of illegal workers:

  •  Government Reforms (1) – Illegal working & discrimination – draft code of practice: we told you that (1) the Government had published a draft code of practice to assist employers to avoid unlawful discrimination when complying with their duty to carry out pre-employment immigration checks; and (2) that the final Code on avoiding unlawful discrimination would be supported by a Code of practice on the civil penalty scheme set up to penalise employers who employ an illegal worker.

What’s new?

The Government has now published the draft Code of Practice on the civil penalty scheme (which is statutory) and you can access it here. The Code will apply where the illegal worker was employed on or after 29 February 2008 and the breach occurred on or after 16 May 2014 (if the breach occurred before that date, the old code applies).

Both this draft Code and the draft Code of Practice on unlawful discrimination and pre-employment checks are likely to come into force on 16 May 2014. This is also likely to be the date when the civil penalty is increased to £20,000.