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The Home Office has updated its guidance An employer’s guide to right to work checks for the changes brought about by sections 34 and 35 of the Immigration Act 2016.

It is highlighted that section 34 applied from 12 July and that ‘a person commits the offence of illegal working if he is:

  • subject to immigration control and works when disqualified from doing so by reason of his immigration status; and
  • at the time, he knows or has reasonable cause to believe that he is disqualified from working by reason of his immigration status.’

It is also highlighted that the offences fall within the proceeds of crime legislation and ‘the offence of illegal working is not limited to working under a contract of employment and is intended to cover all types of work, including apprenticeships and self employment’.

The guidance also refers back to the checks that employers have been required to undertake from 16 May 2014 ‘to establish or retain an excuse against a liability for a civil penalty for employing a person who is not permitted to work for you’. This includes the 12 month check.

The Guidance on examining identity documents has also been updated. It pictorially highlights valid and counterfeit identity documents that an employer may be presented with.

Article from ACCA In Practice