Exploring the law concerning illegal workers
In this one-hour session we will look at the law on illegal working, the roles and duties of employers, the consequences of employing an illegal worker for an employer and the routes of challenge open to an employer if faced with one of these consequences. In May 2014 changes came into force to try to strengthen the illegal work scheme and increase the levels of fines.
Delivered by immigration barrister and lecturer Priya Solanki, this course will cover:
• The relevant law, including the Immigration and Asylum Nationality Act 2006, Immigration Act 2014, Immigration (Restrictions on Employment) Order 2007, Immigration (Restrictions on Employment) (Codes of Practice and Amendment) Order 2014, Home Office – Code of Practice on Preventing Illegal Working, Civil penalty Scheme for Employers, May 2014
• A consideration of the Home Office Policy Guidance in this area
• Civil Penalties Scheme for Employing Illegal Workers – definition of employment, the actions that can be taken against employers, information to be contained on civil penalty notices
• Levels of Penalties with a consideration of the mitigating circumstances/factors that will be taken into account when determining the level of penalty to be imposed and examples through case law
• The process for objecting to civil penalties
• Defence / Statutory Excuses for employers under the 2006 Act to avoid civil penalties – inclusing a detailed consideration of document checks under the 2007 Order and the Code of Practice, and a look of some case law/complicated examples of conditions attached to migrant’s visas
• Appealing against civil penalties to the County Court, with case examples
• Enforcement of penalties
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