Further crackdown on illegal immigration

In the Budget on 16 March 2016, the Government geared up its commitment to creating a ‘hostile environment’ for illegal immigrants.

Employers are currently under a legal obligation to check all applicants have the right to work in the UK.

Employers will be fined a £20,000 penalty per employee found to be illegally working, under s.15 of the Immigration, Asylum and Nationality Act 2006 (‘the Act’). Employers can also be prosecuted under the Act and penalties currently include disqualification and imprisonment for up to two years.

On 11 March 2016, the Home Office issued a press release ‘naming and shaming’ a director of a fast food takeaway in Manchester for failing to ensure that the company had complied with its statutory obligations under the Act. Mrs Seema Farhat Usmani, who ran The Mughal Takeaway Limited, has now been disqualified for six years, for allowing the company to employ three illegal workers.

On 16 March 2016, the Government went a step further in its Budget announcement by confirming that from April 2017, employers will also be denied National Insurance Contributions (NICs) employment allowance for one year if they are subject to any civil penalties for employing illegal workers.


Disclaimer

This briefing is for guidance purposes only. RadcliffesLeBrasseur accepts no responsibility or liability whatsoever for any action taken or not taken in relation to this note and recommends that appropriate legal advice be taken having regard to a client's own particular circumstances.

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