This new code does not impose any legal duties on employers, but the new Code may be used as evidence in legal proceedings. Also, Courts and Employment Tribunals must take account of any part of the Code which may be relevant, and the Home Office will also use this Code when administering illegal working.
So as an employer you really need to know what’s in the Code and importantly there is some good news. In that it may provide a way for you to establish a statutory excuse against liability for an illegal working civil penalty. The way you do this is by conducting an online right to work check using the Home Office Online Right To Work Checking Service
As an employer you have a responsibility to prevent illegal working in the UK by ensuring your employees have the right to work here. If you don’t the Secretary of State can serve an employer with a notice requiring the payment of a penalty where they employ a person who in a nutshell is; subject to immigration control, and aged over 16, and not allowed to carry out the work because they have not been granted leave to enter or remain, or because their leave to enter or remain is invalid, has ceased to have effect or is subject to a condition preventing them from accepting the employment.
We are an expert outsourced payroll provider based in Birmingham. However, our service extends beyond simple payroll processing. If you are in any doubt about any aspect of employing people give us a call, we will be happy to help or point you in the right direction. Let’s start here with a link to the penalties for employing an illegal worker.