- Project plans
- Project activities
- Legislation and standards
- Industry context
Last edited 12 Mar 2018
Right to work in the construction industry
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.’
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.
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
EIRs define what is needed from the employer's internal team and suppliers for project development.
The full keynote speech by Sir James Bevan, Environment Agency CEO, on the future of flood protection.
After 6 years, the Metropolitan Police admit they supplied information to the construction workers blacklist.
It's nearly two years since level 2 BIM was made a minimum requirement on certain public projects. But what actually is it?
Renowned water expert Prof. Martin van Veelen challenges political leaders to do more on safe and clean water supplies.
Inquiry criticises PwC for "milking the Carillion cow dry".
A recent roundtable discussed the future of transport in the UK – including the role of connected and autonomous vehicles.
Architects report cancelled projects and uncertainty concerns in a new RIBA survey on Brexit.
Quality helps eliminate defects, but it can also drive improvement and increase profit.
PII provides insurance cover against negligence claims and is widely used where services are being provided.
Rogers Stirk Harbour + Partners release first images of their planned new addition to the Toronto skyline.