Employment - and illegal immigrants - update

The Government’s new Immigration Bill (to be introduced this autumn) has been reported to include a range of new powers including measures to deal more effectively with businesses offering employment to those here illegally.

There are potential effects on licensed premises, as Immigration Minister James Brokenshire has stated:

“Through our new Immigration Bill, illegal workers will face the prospect of a prison term and rogue employers could have their businesses closed, have their licences removed, or face prosecution if they continue to flout the law.”

The relevant news story on the Government website also states that (our emphasis underlined):

“New powers in the Bill will make it easier to prosecute an employer who knows, or reasonably suspects, that the person they employ has no permission to work in the UK. The existing evidence requirement to prove this offence will be changed in order to boost prosecutions and the current maximum sentence will be increased from two to five years. These powers will operate alongside the existing system of heavy financial penalties.

Any employer who continues to flout the law and evade sanctions could see their business closed for up to 48 hours while they prove right to work checks have been conducted on staff. The worst offenders would then be placed under special measures as directed by the court, which could lead to continued closure and compliance checks.

Further new powers will also mean any pub, off-licence or late night takeaway that fails to comply with immigration laws or employs illegal workers could be stripped of their licence to operate. Consideration is also being given to extend these powers to cover minicab drivers and operators.”

We will keep you apprised of developments and any proposed new powers that may affect licensed premises.