Right to work
Legislation in relation to illegal employment is set out in the Immigration, Asylum and Nationality Act 2006. The Act gives the following definition of the term ‘illegal worker’:
‘…an adult subject to immigration control if:
- he has not been granted leave to enter or remain in the United Kingdom, or
- his leave to enter or remain in the United Kingdom:
- is invalid,
- has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), or
- is subject to a condition preventing him from accepting the employment.’
Illegal workers include students with expired visas, students working more hours than they are allowed to and people who work on a visitor’s visa.
Businesses employing illegal workers may be liable to pay a civil penalty of up to £20,000 for each illegal worker. The proposed Immigration Act will introduce new criminal offences.
Under the Right to Work, employers are required to check job applicants are allowed to work for them in the UK before they are employed. This includes checking worker’s original documents with the worker present and to keeping copies of documents and a record of the date the check was made.
Employers must check:
- Documents are genuine and belong to the applicant.
- The dates for the worker’s right to work in the UK have not expired.
- Photos are the same across all documents and look like the applicant.
- Dates of birth are the same across all documents.
- The person has permission to do the type of work offered.
- Evidence of students study and vacation times.
- If documents give different names, supporting documents showing the reason for this.
In 2014, the government made Right to Work checks easier for legitimate employers to carry out, by reducing the frequency of checks and the range of documents needed.
On 14 October 2015, Immigration Minister James Brokenshire announced ‘Operation Magnify’, an enforcement campaign targeting illegal working in the construction industry. See Operation magnify for more information.
Featured articles and news
It was the tallest structure in the world for 3,800 years, but to this day the exact construction techniques are a mystery.
Shortlist for the industry's most coveted award announced.
Government responds to Mark Farmer's review of industry, rejecting the call for a levy on clients.
Peter Hansford to examine what wider lessons can be learned from the fire.
Every project is subject to uncertainty. How can construction better understand uncertainty for performance improvement?
MAD Architects reveal their designs for a futuristic campus for electric car manufacturer.
Homebuyers could borrow more with better forecasting of energy bills, according to industry consortium's new report.
Read our introductory article on carbon capture and storage.
Have a look at Frank Gehry's Binoculars Building in Los Angeles.
BRE publish new Loss Prevention Standard seeking to minimise fire risk from ducting.
How do we tell which infrastructure projects will work?
CIAT announce the establishment of a Working Group in light of Grenfell and call for contributions.
In 1900, 15% of global population lived in cities. Now it’s over 50%. Which is why we need ‘hydroinformatics’ to consume smarter.
Have a look at these competition-winning designs for a new residential development in Eindhoven.