- 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
New cross-party report calls for combustible cladding ban to be extended to all high-rise residential buildings.
Dr Nicholas Falk, director of the URBED Trust, explains why metro cities are the future of urbanisation.
From next week, UK firms can bid for a share of a £12.5m fund to boost productivity, performance and quality.
A right to light generally refers to the right to receive sufficient light through an opening.
Interference and compatibility - the effects of electromagnetic fields in the workplace.
Important action is being taken to inspire young people to train as engineers.
A survey of Leicester’s historic buildings resulted in local listing being taken more seriously.
Demolition is the most high risk activity in the construction sector. Read our introductory article here.
BSRIA report on the domestic boiler market, with China recording the most 'dynamic market uptake'.
Do we really know everything important about the impacts of our infrastructure projects? And if we don’t, does it matter?