Employment

15Penalty

(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.

F2(8)

An order under subsection (3) containing provision described in subsection (7)(a), (b) or (c) may, in particular—

(a)

specify a document generated by a DVS-registered person or a DVS-registered person of a specified description;

(b)

specify a document which was provided to such a person in order to generate such a document;

(c)

specify steps involving the use of services provided by such a person.

(9)

In subsection (8), “DVS-registered person” means a person who is registered in the DVS register maintained under Part 2 of the Data (Use and Access) Act 2025 (“the DVS register”).

(10)

An order under subsection (3) which specifies a description of DVS-registered person may do so by, for example, describing a DVS-registered person whose entry in the DVS register includes a note relating to specified services (see section 36 of the Data (Use and Access) Act 2025).