D7.75 Offences by employers – transitional provisions (29/11/2010)

See also Immigration Act s 456

If, before the commencement of the Immigration Act 2009, an employer:

1. allowed a person to work for them; and
2. when they started work the employer had a reasonable excuse under section 39(1B) of the Immigration Act 1987 for allowing them to undertake employment (see D7.40.5 note); and
3. the person is not entitled under the Immigration Act 2009 to undertake that employment;

that employer is not liable for an offence under section 350(1)(b) of the Immigration Act 2009 for any period after the repeal of the Immigration Act 1987 during which the employer continues to employ the employee unless the employer had been informed in writing by an immigration officer (under either the Immigration Act 1987 or 2009) that the worker is not entitled to undertake that employment.

Effective 29/11/2010