New code of practice for employers on discrimination and illegal working

In 2008, the regime for preventing illegal working in the UK was radically changed by the introduction of civil penalties under the Immigration, Asylum and Nationality Act 2006. Employers have a duty to prevent illegal working by carrying out original document checks on people before employing them to confirm that they have the right to work here (and by repeating these checks for those who have a time limit on their right to stay). Provided the Home Office recommended procedures for avoiding illegal working — which involve pre-employment verification and retaining copies of documentation — are followed, there is a ‘statutory excuse’ that protects employers from incurring a civil penalty if the person is subsequently found to be an illegal worker…

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