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Employing foreign workers: what is about to change?
© Workplace Law Group 2008 All rights reserved Employing foreign workers: what is about to change? Employing foreign workers: what is about to change? The Government has recently revealed that more than half of the new jobs created under Labour since 1997 have gone to foreign workers, and for months now, the debate on immigration has barely left the fro...
News analysis | 5 Feb 2008
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Foreign nationals working for UK companies: which laws apply?
The claimant, a German national living in Germany, was employed by a company registered in the United Kingdom. He worked solely in mainland Europe and never in Great Britain. Clause 17 of his contract provided that it was governed by English law and that English courts had exclusive jurisdiction ove
Case | 14 Apr 2008
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UKBA urged to use full powers to collect employer fines
...ctor found that the Agency was not making full use of its available powers to effectively enforce the law. During his inspection of the Agency’s Civil Penalties Compliance Team, the Chief Inspector found that there was a "considerable gap" between the total amount of fines issued to employers for employing illegal workers and the total amount of fines collected by the Agency. As part of his intelligence inspection, the Chief Inspector said he was "concerned" to find that, while the Agency encouraged the public to provide information on immigration offences, it routinely failed to capture whether a...
News | 20 Dec 2011
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Employer sponsor licence fees go up
Following Parliamentary approval, new immigration fees have now been introduced for employers and education providers applying for a sponsor licence and for foreign nationals applying to visit, study, work or settle in the UK. In a written ministerial statement when the fees were proposed in February, immigration minister Damian Green said that the rises were needed to help the UK Border Agency (UKBA) save £500 million in the financial year 2011/12. H...
News | 12 Apr 2011
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Businesses fined for employing illegal workers
Two businesses in Rhondda have been fined a total of £15,000 after they were caught employing immigration offenders. Officers from the UK Border Agency raided the Noble City restaurant in Treorchy, on 26 March 2010 after receiving intelligence that illegal workers were employed there. After the immigration status of staff was checked, a Chinese man working in the kitchen was found to be...
News | 6 Jan 2011
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Employer faces potential £20,000 fine over illegal workers
...f up to £20,000. The employer has 28 days to provide the UKBA with evidence that the correct right-to-work checks were carried out or face a fine of up to £10,000 per illegal worker. The operation coincides with a large-scale advertising campaign warning bosses of the heavy fines if caught employing illegal foreign labour. Jeremy Oppenheim, Regional Director for the UK Border Agency in the North East, Yorkshire and the Humber, said: “This successful operation shows that we will act on intelligence to target businesses that flout the rules, and we will take steps to remove those who have...
News | 14 Dec 2009
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Tighten EU laws on foreign workers, Union urges
Trade unions have asked the Government to tighten the law on employing foreign workers in the wake of protests at energy plants across the country. Hundreds of contractors at the Lindsey oil refinery, supported by workers staging sympathy strikes at other energy facilities, are angry that Italian and Portuguese workers have been brought in to help build a new unit at...
News | 4 Feb 2009
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Immigration law impacts on employers
...Cambridge CB1 2RE t 0871 777 8881 f 0871 777 8882 2 © Workplace Law Group 2008 All rights reserved Immigration law impacts on employers undertake repeat checks at least once every 12 months following the initial check in order to retain the statutory excuse and avoid the severe consequences of employing an illegal worker. PBS Tier details Tier 1 On 30 June 2008, Tier 1 - Highly Skilled Workers category replaced the former Highly Skilled Migrant Programme, the Working in Scotland Scheme, and the International Graduates Scheme. Tier 2 At the end of November 2008, Tier 2 - Sponsored Skilled Workers w...
News analysis | 14 Oct 2008
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UKBA event educates employers in immigration rules
The UK Border Agency has today (18 September) hosted an event designed to prepare businesses for the new legislation on skilled foreign workers.Held at the Arora Hotel, Crawley, the event aimed to assist employers on how to register as licence holders under the new laws in order to gain the right to bring in foreign workers from outside the EEA.In addition, employers were shown how to help spot forged passports, with forgery expert...
News | 18 Sep 2008
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Employers face harsh penalties for illegal workers
...ment activity and enhance joint working with police and other Government agencies in order to tackle illegal immigration and its consequences.Workplace Law Network has published a white paper - A Right to Work? - what to consider when hiring non-British staff - which looks at the issues surrounding employing non-British staff. Premium members can download it now by clicking here »Workplace Law Network offers a free seven-day trial of premium membership, during which you can download up to five white papers free of charge. To activate your free trial, either click here » or call 0871 777 8881 to speak...
News | 23 Nov 2007
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Rogue employers to face illegal working crackdown
The Home Office began talks with industry today (15 May) on the implementation of tough new legislation designed to crackdown on bogus employees and rogue employers. The new rules will see rogue employers face a prison sentence and/or an unlimited fine if found knowingly employing illegal workers. Civil penalties will also be levied on companies which have been negligent in carrying out checks on workers. The level at which these fines will be set and how they will be imposed is now the subject of a consultation, also published today. The new measures, which will take effe...
News | 15 May 2007
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National ID Card Scheme Could Wipe Out Illegal Working
...clude basic personal information, a photograph and a ‘biometric’ such as facial recognition, iris scans or fingerprints. The Government plans that the card will take the form of a biometric passport, which will be upgraded when it comes up for renewal. The proposals also set out that all EU and foreign nationals residing in the UK for more than three months will need to purchase a biometric residence permit. The cards would be linked to a national secure database, containing various information from the card. Government figures project that 80% of UK adults would have an ID card by 2013 if pa...
News | 15 Jun 2004
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Crackdown on Immigrants Switching to Permanent Employment
...n routes, which is necessary for an effective immigration control, is preserved. Measures include: preventing switching into work-permit employment and the highly skilled migrant programme except by those already permitted in the rules such as doctors, dentists and graduates; and permitting foreign nationals who are in the UK on a temporary visa and wish to remain in the UK to study, to switch into degree level courses only. In a separate move, ministers of religion will need to demonstrate that they have a basic grasp of English (level four standard) before they are allowed to work in the...
News | 10 Aug 2004
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Recruiting Foreign Workers Website Launched
A new website providing information about the rules for foreign nationals who want to work legally in the UK is now available, the Home Office has announced. The 'Working in the UK' site will be a one-stop shop for foreign nationals and businesses who need to recruit them. It will set out the ways people can come to the UK to work, including giving info...
News | 3 Dec 2003
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Community service for woman who withheld previous convictions from employer
...n lawyers, legal executives, and receivers appointed by the Court of Protection. More recently, the exempted occupations have been widened to include anyone who would have access to persons under the age of 18 or vulnerable adults (this includes the elderly and mentally impaired). Organisations employing individuals in any of these occupations are entitled to ask about spent convictions and the potential employee is required to give details.
Case | 8 Mar 2010
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Refinery employers broke no labour laws, says Acas
...nshire, did not break UK or European employment laws by hiring labour from other EU countries. While Acas acknowledged that British and European employment and labour laws can be complex and confusing, initial findings indicate no direct laws were broken. Acas has also dismissed union claims that foreign construction workers had an unfair advantage over their British counterparts, sparking unofficial strike action last month. Thousands of workers took part in wildcat strikes after British workers were denied the chance to apply for jobs at the refinery when a sub-contractor hired staff from Italy...
News | 18 Feb 2009
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EU employment law “distorted” says cabinet ministers
The way in which EU employment regulations work in the UK needs to be reviewed, say cabinet ministers as they prepare for another wave of protests over the awarding of construction contracts to foreign workers. Health Secretary, Alan Johnson, a former union leader, claims that European Court of Justice rulings could have "distorted" EU legislation, meant to ensure employers cannot circumvent national rules about pay and conditions by bringing in foreign employees. Gordon Brown says the unoffic...
News | 2 Feb 2009
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A warning to employers exploiting foreign staff
British entrepreneurs employing migrant workers from Eastern European countries need to ensure the rights of their workers. A recent case surrounding the ill-treatment of three Polish migrant workers highlights the increase in migrant workers who are experiencing unequal treatment in the workplace. This is the latest in a serie...
Case | 18 May 2007
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Overseas Workers Re-examined: Bryant -v- The Foreign and Commonwealth Office
...ment Appeals Tribunal [EAT] decided that tribunals have jurisdiction to hear unfair dismissal cases if the Respondent is incorporated or carried on business in England or Wales, irrespective of where the employee was based. Last week, Burton P. reasserted the orthodox position in Bryant -v- The Foreign and Commonwealth Office (FCO) (hearing 10 March 2003, decision sent out on 15 April 2003). Mrs Bryant worked in Italy for the FCO (which, of course, carries on business in England). She was employed on local terms and conditions, paid in Italy and her contract was subject to Italian law. She...
Case | 28 Apr 2003
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Businesses urged to give unemployed Brits a chance
...or that Duncan Smith could be encouraging employers to break the law. He said: “It would be discrimination”. David Frost, Director General of the British Chambers of Commerce (BCC), said: “Businesses in this country need to have a highly skilled workforce and for many firms that means employing migrants. Employers need staff who can read, write and communicate properly, and our young people often lack these basic skills needed for the workplace. “Getting more young people into work in this country doesn’t rely upon stemming the flow of skilled migrants coming to the UK. It’s about ...
News | 4 Jul 2011
