Control of immigration?
The current debate relating to the forthcoming EU Referendum is gathering pace day by day. The two central issues surrounding the arguments of both sides remain the control of immigration and the potential impact of the vote on the country’s economic health.
The “Brexit” campaigners have consistently argued that a primary benefit of leaving the EU would be to put an end to “open door” immigration and to give back greater control of its borders to the UK. They also suggest that the influx of unwanted EU legislation would be halted if there is a vote to leave.
On the latter point, a great deal of European Union law is currently implemented in the UK because of our membership of the EU. This membership places an obligation upon the UK, under the European Communities Act 1972, to issue domestic legislation that meets the EU driven standards and expectations.
Some examples of significant developments in the field of employment law include the Working Time Regulations 1998, the Transfer of Undertakings (Protection of Employment) Regulations 2006 and the Parental Leave (EU Directive) Regulations 2013. There is therefore a mechanism for any EU law to be discussed, debated and potentially rejected.
There is also of course the potential for the UK Government to draft, debate and pass its own legislation. Indeed, on the issue of immigration, this month has seen the granting of Royal Assent for the Immigration Act 2016 which will come into force gradually over the forthcoming months. As a result of the Act:
- Illegal working will become a criminal offence in its own right
- Those found guilty will be liable to a maximum custodial sentence of six months and/or a statutory maximum fine (currently unlimited in England and Wales).
- This change to the law will allow any wages paid to all illegal workers to be recovered under the Proceeds of Crime Act 2002.
- It is an offence for an employer to employ someone whom they ‘know or have reasonable cause to believe’ is an illegal worker.
- The maximum sentence for employers guilty of this offence will be increased from two years to five years imprisonment.
- The Act introduces a power to close premises for up to 48 hours to deal with employers who employ illegal workers and evade sanctions.
- A new Director of Labour Market Enforcement will oversee the relevant enforcement agencies.
- A new ‘Immigration Skills Charge’ of £1,000 on certain employers who sponsor skilled workers from outside the EEA will be introduced. This is expected to be effective by April 2017.
- Public authorities will have a duty to ensure that each person who works for a public authority in a customer-facing role is able to speak fluent English (and/or Welsh where appropriate).
- A code of practice will be published to help public authorities to comply with this new duty.
The Act will also prevent illegal migrants in the UK from accessing housing, driving licences and bank accounts and introduce new measures to make it easier to enforce immigration laws and remove illegal migrants.
Whether the UK is in or out of the EU after 23rd June, contact us for guidance and advice on this issue as it unfolds.
