Employment

I1I2C115Penalty

1

It is contrary to this section to employ an adult subject to immigration control if—

a

he has not been granted leave to enter or remain in the United Kingdom, or

b

his leave to enter or remain in the United Kingdom—

i

is invalid,

ii

has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), or

iii

is subject to a condition preventing him from accepting the employment.

2

The Secretary of State may give an employer who acts contrary to this section a notice requiring him to pay a penalty of a specified amount not exceeding the prescribed maximum.

3

An employer is excused from paying a penalty if he shows that he complied with any prescribed requirements in relation to the employment.

4

But the excuse in subsection (3) shall not apply to an employer who knew, at any time during the period of the employment, that it was contrary to this section.

5

The Secretary of State may give a penalty notice without having established whether subsection (3) applies.

6

A penalty notice must—

a

state why the Secretary of State thinks the employer is liable to the penalty,

b

state the amount of the penalty,

c

specify a date, at least 28 days after the date specified in the notice as the date on which it is given, before which the penalty must be paid,

d

specify how the penalty must be paid,

e

explain how the employer may object to the penalty F1or make an appeal against it, and

f

explain how the Secretary of State may enforce the penalty.

7

An order prescribing requirements for the purposes of subsection (3) may, in particular—

a

require the production to an employer of a document of a specified description;

b

require the production to an employer of one document of each of a number of specified descriptions;

c

require an employer to take specified steps to verify, retain, copy or record the content of a document produced to him in accordance with the order;

d

require action to be taken before employment begins;

e

require action to be taken at specified intervals or on specified occasions during the course of employment.