Employment

Offence: bodies corporate, &c.
22
1
For the purposes of section 21(1) a body (whether corporate or not) shall be treated as knowing a fact about an employee if a person who has responsibility within the body for an aspect of the employment knows the fact.
1A
For the purposes of section 21(1A) a body (whether corporate or not) shall be treated as having reasonable cause to believe a fact about an employee if a person who has responsibility within the body for an aspect of the employment has reasonable cause to believe that fact.
2
If an offence under section 21(1) or (1A) is committed by a body corporate with the consent or connivance of an officer of the body, the officer, as well as the body, shall be treated as having committed the offence.
3
In subsection (2) a reference to an officer of a body includes a reference to—
a
a director, manager or secretary,
b
a person purporting to act as a director, manager or secretary, and
c
if the affairs of the body are managed by its members, a member.
4
Where an offence under section 21(1) or (1A) is committed by a partnership (whether or not a limited partnership) subsection (2) above shall have effect, but as if a reference to an officer of the body were a reference to—
a
a partner, and
b
a person purporting to act as a partner.
S. 22 in force at 29.2.2008 by S.I. 2008/310, art. 2(1)(b) (with art. 5(2))
S. 22(1A) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 35(6), 94(1); S.I. 2016/603, reg. 3(f)
Words in s. 22(2) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 35(7), 94(1); S.I. 2016/603, reg. 3(f)
Words in s. 22(4) inserted (12.7.2016) by Immigration Act 2016 (c. 19), ss. 35(7), 94(1); S.I. 2016/603, reg. 3(f)