|Quoting Bongodog1964 (Thread starter):|
When this was introduced, employers clearly stated that it was unworkable and wrong to be guilty of an offence for which you had no knowledge.
Not totally unworkable, but it would cause a lot of headaches for all employer to check that their employees have the appropriate visas/citizenship in order to work in the UK. I do agree, however, that the legislation is very impractical.
They need to amend it so that if the employer did not know that the person they employed was an illegal immigrant, and that a reasonable employer in the same position would likely not have known, then the employer should be let off provided that the employee in question either gains the appropriate visas or is dismissed immediately.
The "reasonable person" test is what needs to be included in the wording of the legislation to allow the courts room to distinguish between the cases of employers rorting the system, and employers who are genuinely unaware that their employee was not a legal UK immigrant.
Perhaps this little incident will persuade the Attorney General to change the law.