Mentor Services

Home Page > News > All News Articles > June 2008 News Articles > Taking over a business or service contract? – check your workers!
Services | About us | Case Studies | News | Client Area | Legal | Contact Us | Magazines | Registered User Area | Introducers
Translation Service
Agency workers to get equal rights after 12 weeks
Flexible Working rights to apply to parents of school-age children
Taking over a business or service contract? – check your workers!
Vehicle maintenance - an employer’s responsibility?
Get rid of the latex?
Recycle the batteries

Employment Law Update: Taking over a business or service contract? – check your workers!

Employers who take over a business or service contract may now face penalties of up to £10,000 for each illegal worker they take over.

The previous requirements to carry out checks regarding eligibility to work in the UK were rarely enforced, however the new regime will make it easier to enforce by the use of fixed penalties to which an employer can then object.

Offences for employing illegal workers

There are now two new offences for employing illegal workers:

1. The Criminal Offence: to knowingly employ an adult who is subject to immigration control who does not have the appropriate permission.

What's at risk? - Prison sentence of up to 2 years and / or unlimited fine.

2. The Civil Offence: to employ an adult subject to immigration control who does not have the appropriate permission.

What's at risk? - Penalty of up to £10,000 per illegal worker found.

TUPE Transfers and illegal workers

Previously an employer could claim a defence to having illegal workers if they had inherited them unwittingly via a TUPE transfer.  This position has now changed and the Border and Immigration Agency have stipulated that following a grace period of 28 days from the date of a TUPE transfer all employers must get their house in order and ensure that all workers are covered by the appropriate paperwork to confirm their status to work lawfully within the UK.

Steps to take prior to a Transfer

Before buying a business or taking over a service contract:

How Mentor can help

A Mentor consultant can conduct an on-site audit of all your personnel files to ensure compliance with this legal requirement.

We can also provide professional advice via our Telephone Advice Service.


Return to Graphics Mode