
Employing Illegal Workers
With effect from the 29th February 2008, Immigration,
Asylum and Nationality Act 2006 introduces a new framework
for employers with potentially heavy financial penalties
for employing staff who do not have the legal right
to work in the UK. There are two lists of the kinds
of documents which may be used as evidence of the employee’s
right to work. (i.e.UK passport)
To avoid potential discrimination, request proof of
the right to work from all new starters and do not
allow anyone to start work without doing so. Also ensure
that all job offers / employment contracts are expressed
in writing to be subject to the production of the relevant
documentation.
Corporate Manslaughter and Corporate Homicide Act
2007
This came into force on 6th April 2008 and will make
it possible for employers to be prosecuted if someone
has been killed at (or by) work because of a failure
in how the organisation’s activities are managed
or organised, amounting to a gross breach of duty.
Employees as well as customers are covered under this
duty of care.
All employers should ensure that ‘senior managers’ are
appropriately trained and competent for their role.
They should also check that insurance cover includes
legal protection in the event of criminal charges for
corporate manslaughter. Use this as an opportunity
to review existing health and safety processes and
promote a safer environment for your employees and
customers.
| KEY STATISTICS UPDATE
Statutory Redundancy Pay from 1st February 2008
Maximum payment is 30 weeks’ pay at £330
per week
Statutory Maternity Pay from 6th April 2008
Paid for 39 weeks
First 6 weeks at 90% of the employees average
weekly earnings (no upper limit)
Remaining weeks at £117.18 per week or
90% of average earnings if less
Statutory Paternity Pay from 6th April 2008
Paid for 2 weeks
Two weeks at £117.18 per week or 90% of
average earnings if less
Statutory Sick Pay from 6th April 2008
Increased to £75.40 per week
National Minimum Wage increases from 1st October
2008
Adult rate (22 years or over) = £5.73 (from £5.52)
Development rate (18 to 21years) = £4.77 (from £4.60)
Youth rate (16 to 17 years) = £3.53 (from £3.40)
In 2006/7, 132,000 cases were presented to the
Employment Tribunal
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