scope of the Act via Exceptions Orders, and applicants/employees in such occupations must disclose unprotected cautions and convictions, regardless of whether they are ‘spent’ or ‘unspent’. This reform probably represents one of the most significant revisions to the legislation since its inception: it was first mooted two years ago . The changes are part of the government’s plan to reduce re-offending by helping offenders get back into ‘honest work’. Under the new system, rehabilitation periods for community orders and custodial sentences will comprise the period of the sentence plus an additional specified period, rather than all rehabilitation periods starting from the date of conviction as is currently the case. So, for an example, an adult offender sentenced to two and a half years custody, who would previously have had to declare their criminal conviction for ten years from the date of conviction, will now have to disclose their conviction for the period of the sentence plus a further four years (giving a total rehabilitation period of six and a half years). Follow this link to view the new rehabilitation periods.
The changes are set out in the Legal Aid, Sentencing and Rehabilitation of Offenders Act 1974 .
The Home Office has also issued updated guidance which details information for employers (the last 3 pages) and also includes a list of general types of employment that are included in the Exceptions Order.
Maximum penalty for illegally employing an immigrant increases to £20,000
16 May 2014
The maximum civil penalty for illegally employing an immigrant has increased from £10,000 to £20,000 with effect 14 May 2014.
Where an employer is found to have employed workers who are subject to immigration control but do not have the right to work in the UK, the maximum civil penalty has now increased from £10,000 to £20,000 per illegally employed worker, following the Immigration Bill becoming an act of law on 14 May 2014. The Bill is now the Immigration Act 2014 .
CIPP comment Employers must make sure they are up to date with right-to-work checks and legal requirements or face serious consequences. As long as the rules on preventing illegal working are adhered to through having robust procedures and processes in place, employers can avoid substantial financial penalties and even criminal prosecution.
On 16 May 2014, the Home Office brought in changes to the document checks employers have to make and has produced guidance which sets out what employers must do.
By carrying out document checks an employer can ensure not only that people are legally allowed to work, but will also ensure a statutory excuse is held against a large fine if a person turns out to be an illegal worker. Employers must prevent illegal working in the UK by carrying out document checks on people before employing them to make sure they are allowed to work. Use this guidance to find out:
what a right to work check is
why you need to do right to work checks
CIPP Policy News Journal
08/04/2015, Page 61 of 521
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