Employment
9.The provisions:
create a power for the Secretary of State to apply a civil penalty, determined by a Code of Practice, to an employer of an adult subject to immigration control who has not been granted leave to enter or remain, whose leave is invalid, has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise) or whose conditions of entry or stay prevent them from undertaking the employment. The provisions allow for objection and/or appeal by the employer against the imposition of a penalty and the amount. An employer who complies with requirements prescribed in an order of the Secretary of State is excused from paying a penalty.
create a new criminal offence of knowingly employing an adult who has not been granted leave to enter or remain, whose leave is invalid, has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise) or whose conditions of entry or stay prevent them from undertaking the employment in question.
allow the Secretary of State to issue a code of practice to employers on how to avoid unlawful racial discrimination when applying these provisions.
