What's new in 2008

Describing a recent Peter Charles Solutions Management Development day.

If you would like your team to experience a day like this please contact us.

Employer Beware!

PCS were recently invited to attend a training session run by the Immigration Authorities, for HR function staff, on the subject of the Asylum and Nationality Act 2006. If you have not heard of the Act-don’t worry we can help.

The objectives of this Act are mainly to protect the UK from illegal immigration – stopping illegal journeys and illegal jobs. The Act came into force on the 29^th February 2008.

The Act introduces two types of penalty – Criminal and Civil.

Criminal offence is an employer who knowingly employs illegal immigrants. They would be liable to up to two years in prison or an unlimited fine – this offence is targeted at “gang master” type operations but will unfortunately catch out employers who are just not aware of what to ask for and what to look for, when presented with the numerous amounts of ID that are used in the UK today.

Civil offence penalties are a maximum fine of £10.000 per employee (employed illegally in the UK) and it is this offence, which will concern the vast majority of employers. PCS have experience of this act and are actively using that experience to safeguard our clients at the point of recruitment, both a safety mechanism and as a double check for clients.

In order to avoid these penalties, employers are required to take all reasonable steps to verify the eligibility of a prospective employee to work. In addition the employer is expected to cooperate with the authorities under the terms of the Act and to be able to show “statutory excuse” i.e. that they have complied fully with the requirements, to avoid prosecution.

The Act is still being reviewed and extended and all employers need to be aware of the implications, particularly because the fine is £10.000 per employee recruited!!!

If you need guidance on any matters relating to this subject, please contact Peter Charles Solutions Ltd. This and all other employee/HR related legislation is updated and reviewed monthly by PCS to ensure we remain aware and active, in helping our clients deliver a lawful service as well as a best value option.