Employment
I1I2C115Penalty
1
It is contrary to this section to employ an adult subject to immigration control if—
a
he has not been granted leave to enter or remain in the United Kingdom, or
b
his leave to enter or remain in the United Kingdom—
i
is invalid,
ii
has ceased to have effect (whether by reason of curtailment, revocation, cancellation, passage of time or otherwise), or
iii
is subject to a condition preventing him from accepting the employment.
2
The Secretary of State may give an employer who acts contrary to this section a notice requiring him to pay a penalty of a specified amount not exceeding the prescribed maximum.
3
An employer is excused from paying a penalty if he shows that he complied with any prescribed requirements in relation to the employment.
4
But the excuse in subsection (3) shall not apply to an employer who knew, at any time during the period of the employment, that it was contrary to this section.
5
The Secretary of State may give a penalty notice without having established whether subsection (3) applies.
6
A penalty notice must—
a
state why the Secretary of State thinks the employer is liable to the penalty,
b
state the amount of the penalty,
c
specify a date, at least 28 days after the date specified in the notice as the date on which it is given, before which the penalty must be paid,
d
specify how the penalty must be paid,
e
explain how the employer may object to the penalty F1or make an appeal against it, and
f
explain how the Secretary of State may enforce the penalty.
7
An order prescribing requirements for the purposes of subsection (3) may, in particular—
a
require the production to an employer of a document of a specified description;
b
require the production to an employer of one document of each of a number of specified descriptions;
c
require an employer to take specified steps to verify, retain, copy or record the content of a document produced to him in accordance with the order;
d
require action to be taken before employment begins;
e
require action to be taken at specified intervals or on specified occasions during the course of employment.