Civil penalty scheme for employers

Last Month, we posted on Blog News  about the Code of Practice for Employers entitled Avoiding Unlawful Discrimination in the Prevention of Illegal Working. Today the Government has published a new draft code of practice on preventing illegal working.

This Code of practice has been issued under section 19 of the Act to specify the factors to be considered by the Home Office in determining the amount of the civil penalty for employing an illegal worker. Separate guidance for employers sets out how to conduct right to work checks and how the Home Office administers the civil penalty scheme to prevent illegal working.

This Code has been issued alongside guidance for employers setting out how to conduct right to work checks and how the Home Office administers the scheme, and a ‘Code of practice on avoiding unlawful discrimination while preventing illegal working’.

This is a statutory Code. This means that it has been approved by the Secretary of State and laid before Parliament. The Code does not impose any legal duties on employers, nor is it an authoritative statement of the law; only the Courts and Employment Tribunals can provide that. However, the Code may be used as evidence in legal proceedings and Courts and Employment Tribunals must take account of any part of the Code which may be relevant. Home Office officials will also have regard to this code when considering issuing civil penalties for the engagement of illegal workers.

Unfortunately the link to the previous code of practice does not appear to be live and you should continue to check the Gov.UK website for revised publication.