The Immigration (Restrictions on Employment) (Codes of Practice and Amendment) Order 2014

EXPLANATORY NOTE

(This note is not part of the Order)

An employer is excused from paying a penalty under section 15 of the 2006 Act if the employee produces to the employer any of the documents described in the Schedule to the Immigration (Restrictions on Employment) Order 2007 (“the 2007 Order”) and the employer complies with the requirements prescribed in article 6 of the 2007 Order in relation to verification, copying and recording of any documents produced by an employee.

This Order amends the 2007 Order to update the list of documents, divided into List A and List B, that may be produced to an employer for these purposes and the period of time for which they provide the employer with an excuse from paying a penalty.

Article 4 of the 2007 Order together with the Schedule is amended to modify how an employer will be excused from paying a penalty under section 15(1) of the Act for limited periods.

Article 6 of the 2007 Order is amended to require details about course dates to be produced if an employee is a student who can only work a limited number of hours during term-time. The requirement on the employer to copy the front cover of a passport produced by an employee is removed.

List A is amended to reduce the number of acceptable documents and to require certain documents to be current at the time they are produced to the employer.

List B is replaced with a new List B which is in two parts.

Article 10 of this Order brings into force a revised code of practice specifying factors to be considered by the Secretary of State in determining the amount of a penalty.

Article 11 of this Order brings into force a revised code of practice specifying what an employer should or should not do in order to ensure that, while avoiding liability to a penalty, and while avoiding committing an offence, the employer also avoids contravening race relations legislation.