New Home Office powers to close premises
Under powers introduced in the Immigration Act 2016 from 1 December 2016, the Home Office can issue an illegal working closure notice to an employer, closing its premises for up to 48 hours, if it suspects that the employer is employing foreign workers illegally.
If a court then issues an illegal working compliance order, the potential sanction could be continued closure for up to one year, which could be extended.
However, if the employer can show that it has carried out right-to-work checks, the closure notice cannot be issued.
The following resources on XpertHR have been updated to take into account the provisions on illegal working closure notices and illegal working compliance orders.
Employment law manual
- Immigration rules and right to work - information about illegal working closure notices and compliance orders is included. This section of the manual also includes details of right-to-work checks.
Policies and documents
- Employing workers from overseas policy
- Right to work in UK contract clause
- Recommended documentation for sponsored migrants checklist
- Record of all workers' right to work in UK form
- Skilled worker sponsor compliance and audit preparation checklist
- Tier 2 (general) resident labour market test checklist
- Letter asking job applicant to provide evidence of right to work in UK
- Letter confirming start date of employment subject to evidence of right to work in UK
- Letter withdrawing offer of employment because job applicant has failed to provide evidence of right to work in UK
"How to" guidance
- How to deal with an employee who no longer has the right to work in the UK
- How to apply for a sponsor licence
- How to retain a sponsor licence
- How to employ international students