Get in touch
To contact us, please fill out this form and we will get back in touch as soon as possible. Your personal data will be processed in accordance with our privacy policy which can be found here.
Home Secretary Yvette Cooper Announces “Major Surge in Immigration Enforcement” – What Does This Mean for Employers?
On 21 August, Home Secretary Yvette Cooper announced a significant increase in the government's immigration enforcement efforts. This initiative includes the immediate recruitment of up to 100 new specialist intelligence and investigation officers at the National Crime Agency (NCA) to dismantle and disrupt organised immigration crime networks. For employers, this surge in enforcement activity will have direct and profound implications, particularly regarding the hiring and management of workers.
Key Takeaways for Employers
Intelligence-Driven Illegal Working Programme
A central element of this new enforcement surge is a targeted, intelligence-driven illegal working programme. This initiative will focus on identifying employers who hire individuals without the legal right to work in the UK. With increased scrutiny and more frequent investigations, it's essential for all businesses to ensure their right-to-work checks are thorough and compliant with the latest regulations.
Stricter Sanctions and Penalties
The government has made it clear that a range of sanctions will be applied to businesses found employing illegal workers. These include financial penalty notices, business closure orders, and even prosecution. Financial penalties have become more severe, with fines of up to £45,000 per worker for a first offence and up to £60,000 per worker for subsequent offences. Employers must be diligent in their hiring practices to avoid these significant penalties and the potential reputational damage that can accompany them.
Pre-Licence Audits for Sponsor Licence Applicants
Employers seeking to obtain a sponsor licence should be aware of the increased likelihood of pre-licence audits conducted by the Home Office. These audits assess whether your business has robust systems in place to meet its sponsorship duties, including effective right-to-work checks and accurate record-keeping. Failing a pre-licence audit could result in delays or refusal of the licence, severely impacting your ability to hire foreign workers. It’s crucial to thoroughly review and, if necessary, improve your compliance systems before applying.
Potential Workforce Disruptions
With the government intensifying efforts to remove individuals who have no right to be in the UK, employers may face sudden workforce disruptions if workers are found to be without the correct documentation. This makes it vital to ensure that all your employees have the proper legal status and that their documentation is meticulously maintained.
Steps You Should Take Now
Given the heightened enforcement environment, it is essential to take proactive steps to ensure full compliance with immigration laws:
- Review and Strengthen Your Right-to-Work Checks: Now is the time to act if you have any doubts about your right-to-work checking practices and procedures. Conduct an internal audit of employee documentation and ensure that all records are up to date and compliant with the latest legal requirements.
- Prepare for Potential Audits: With the increased focus on pre-licence audits for sponsor licence applications, make sure your HR and compliance teams are fully prepared. This includes having clear procedures in place for maintaining accurate records and conducting thorough right-to-work checks.
- Train Your HR Teams and Managers: Ensure your HR teams and managers are up to date with the latest immigration laws and enforcement practices. Regular training can help them understand their responsibilities and be prepared for any potential audits or enforcement actions.
- Review and Revise Your Policies: Take this opportunity to review your current HR policies and procedures to ensure they are aligned with the latest legal requirements. Revising and updating these policies can help prevent any compliance issues and ensure that your business is well-prepared for any changes in immigration enforcement.
Conclusion
Yvette Cooper's announcement marks a new era of immigration enforcement in the UK, with significant implications for employers. The focus on compliance is more stringent than ever, and the penalties for non-compliance can be severe. By taking proactive steps to review and strengthen your right-to-work practices, train your staff, and update your policies, you can protect your business from legal, financial, and reputational risks.
If you need support navigating these changes or ensuring your business is fully compliant, please reach out to our immigration team here, or contact Bilal Ehsan at [javascript protected email address]
or Bineeta Joshi at [javascript protected email address].
The information on this site about legal matters is provided as a general guide only. Although we try to ensure that all of the information on this site is accurate and up to date, this cannot be guaranteed. The information on this site should not be relied upon or construed as constituting legal advice and Howes Percival LLP disclaims liability in relation to its use. You should seek appropriate legal advice before taking or refraining from taking any action.