The government has issued new codes of practice for employers on preventing illegal working and avoiding unlawful discrimination while doing so.
The codes took effect from 16 May and replace codes originally issued in February 2008. They provide guidance for employers when carrying out their legal duty to check the documents of potential employees before employing them, to confirm they have a right to work here.
The code of practice on avoiding unlawful discrimination focuses on race discrimination but reminds employers that they need to be “mindful” of other forms of discrimination.
It says: “If, for example, people affected by religious discrimination are from a particular racial group, the discrimination might also amount to indirect race discrimination – for example, case law has established that Sikhs and Jews can be described as having an ‘ethnic origin’.”
Employers found to be employing an illegal worker may be liable for a civil penalty and the code on preventing illegal working sets out the factors that the Home Office will consider when deciding the level of civil penalty to be paid.
It also provides guidance on the documents that employers need to check if they are seeking to establish a defence to the offence of employing an illegal worker and establishes that an employer will have a grace period of 60 days to carry out fresh checks following a TUPE transfer.
As well as potential civil penalties for employing an illegal worker, anyone who believes they have been discriminated by an employer can take the case to an employment tribunal, where there is no upper limit for compensation awards.
Palmers’ Employment Law team can provide expert advice to employers to put in place procedures for checking workers for eligibility to work in the UK that will keep them compliant with the law and protect them from civil penalties and employment tribunals.
For more information, please visit our website or contact Lara Murray.