23/04/2008 Changes to UK's Employment Laws
2008 will be a year of significant changes to the UK's employment laws. The biggest change is the introduction of a five tier points-based system.
(General) replaces the current Highly Skilled Migrant Programme. It will be introduced worldwide in the second quarter of 2008, with India adopting it from 1st April.
Tier 2 (Skilled Workers) will replace the existing work permit scheme and will be introduced at the beginning of the fourth quarter of 2008.
No date for introduction has been set.
Will be introduced in 2009.
- Tier 5: Temporary Workers and Youth Mobility
No date for introduction has been set.
The new points-based system will have a significant impact on employers because, with the exception of Tier 1, all applicants will need to be sponsored by a licensed sponsor.
This means that all employers who wish to employ foreign nationals will need to register as licensed sponsors before the introduction of Tier 2 in October 2008.
Once licensed, employers will be able to issue a Certificate of Sponsorship to the prospective employee and brings greater obligations and penalties for employers.
Employers will have to maintain records of all foreign nationals that they sponsor.
Employers will also be required to report to the Border & Immigration
Agency any breaches by the foreign national of his immigration status, such as
failure to turn up to work on the first day or absence from work for more than
10 days without permission. The Border & Immigration Agency will have the
power to check without notice sponsoring employers' compliance of procedures both before and after registration.
In addition to the sponsorship obligations, civil and criminal penalties will also come into force from 29th February 2008.
Employers who negligently hire illegal workers could face a maximum fine of £10,000 for each illegal worker. Employers who are found to have knowingly hired illegal workers may be prosecuted and incur an unlimited fine and imprisonment.