Search

How can we help?

Icon

Right to work – powers to close business premises for non-compliance

We recently blogged about parts of the Immigration Act 2016 which came into force on 12 July 2016 extending criminal offences for employers in relation to illegal working. These sections of the Act also empower immigration officers to search and seize documents in connection with the imposition of a civil penalty where they have reasonable grounds to believe an employer is in breach of their duties to prevent illegal working.

Businesses should also be aware that in certain circumstances, if immigration officers have reasonable grounds to believe an employer is flouting the law, they could issue an “illegal working closure notice” for up to 48 hours enabling them to close the whole business until they have carried out a full investigation. Employers will be prohibited from accessing their premises and the business will be unable to trade for the duration of the closure.

In addition, if the immigration officers require more time to investigate, an application for a compliance order can be made to the court extending the 48-hour time period to anything up to 12 months. The Act gives significant powers to the courts to make orders they feel necessary to ensure businesses are prevented from trading until they are able to demonstrate they are fully compliant with immigration laws.

Home Office statistics from last month reveal that in the financial year 2015/16, Immigration Enforcement issued 2,594 civil penalties to businesses found to be employing illegal workers. Following the introduction of these new provisions, there is no doubt that more employers will be penalised so it’s imperative that employers are aware of these new changes and ensure they’re fully compliant.

 

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

“illegal working closure notice”

Our immigration team regularly advises businesses on how to carry out right to work checks and on compliance issues.  We have also successfully challenged the Home Office’s civil penalty notices in cases where employers are able to demonstrate they have complied with immigration laws.

Employmentbuddy.com 

About this article

Disclaimer

This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

About this article

Read, listen and watch our latest insights

art
  • 10 April 2024
  • Employment

New Guidance: Confidence to Recruit

The new Government guide in collaboration with the CIPD aims to give employers the confidence to recruit its workforce from a wider range of people including those who may have been overlooked in the past as a problem rather than an asset.

art
  • 03 April 2024
  • Employment

FAQ’s on the new Carer’s Leave Act

Beginning on 6 April 2024, the Carer’s Leave Act comes into force, meaning carers are now entitled to request 1 week’s unpaid leave to care for their dependants.

art
  • 02 April 2024
  • Construction

UK housebuilders investigated over suspected exchanges of anti-competitive information

In 2022 the CMA was called upon by the Secretary of State for the Department for Levelling Up, Housing & Communities to conduct a study into the housebuilding sector and provide recommendations on how the sector can operate as efficiently as possible

art
  • 28 March 2024
  • Corporate and M&A

Legal perspectives on ESG and director duties

In today’s rapidly changing business landscape, the concept of ESG factors has emerged as a guiding framework for companies seeking to thrive in the long term.

art
  • 27 March 2024
  • Commercial Real Estate

5 key considerations when taking on a lease of a pub property

Taking on a pub property can be both exciting and daunting. Here are 5 key considerations that pub tenants should consider when taking on this new venture.

art
  • 26 March 2024
  • Employment

Navigating Neuroinclusion: A Guide for Employers

Over the past few years, we have seen a marked rise in awareness of neurodiversity, as well as campaigns for awareness and inclusion in the workplace for neurodiverse employees.