Taking people on
These regulations clarify the responsibilities and rights of employers and employees around job advertisements, interview, probation periods in employment and so on.
You can find the regulations that relate to taking people on below to the left.
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Accession (Immigration and Worker Authorisation) Regulations 2006, These regulations restrict Bulgarian and Romanian nationals from accessing the UK labour market.
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Immigration (Employment of Adults Subject to Immigration Control) (Maximum Penalty) Order 2008, SI 2008/132 These regulations aim to prevent illegal working. They set a maximum penalty amount that an employer would be fined if it employed an illegal immigrant
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Immigration (Restrictions on Employment) (Code of Practice) Order 2001, This regulation introduces guidance for employers on establishing a defence against prosecution for employing an illegal worker between 1 May 2004 and 29 February 2008 whilst avoiding discrimination.
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Immigration (Restrictions on Employment) Order 2004, This regulation specifies what an employer is required to do in order to establish a defence against prosecution for employing an illegal worker between 1 May 2004 and 29 February 2008.
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Immigration (Restrictions on Employment) Order 2007, This regulation specifies what an employer is required to do should they face a civil penalty that they wish to contest for employing an illegal worker – from 29 February 2008
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Immigration and Asylum Act 1999 (Part V Exemption: Relevant Employers) Order 2003, This act exists to regulate those organisations that provide immigration advice. Such organisations must register with the Office of Immigration Services Commission as an immigration advisor. However employers are relieved from this burden as the regulation allows them to rely on a third party to have this status rather than registering themselves.
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Employment Agencies Act 1973 This legislation ensures that employment agencies and employment businesses treat people who are looking for work properly. It also ensures that hiring companies have the right information to decide whether to take someone on or not.
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The Health and Social Care Act 2008 (Regulated Activities) Regulations 2010 These regulations require people working, or wishing to work, in the NHS and social care to be CRB (criminal records bureau) checked to prevent people with a record of abusing vulnerable people from working in the sector.
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The Care Quality Commission (Registration) Regulations 2009 These regulations establish rules and procedures for people working in health or social care.
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The Rehabilitation of Offenders Act 1974 (Exceptions) Order 1975 This regulation sets rules on what employers can ask applicants relating to spent conviction information which could otherwise be concealed by virtue of the Rehabilitation of Offenders Act.
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Apprenticeships, Skills, Children & Learning Act 2009 (Part 1) This regulation sets out the framework for employers to provide apprenticeships
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Tell us what you think should happen to these regulations and why, being specific where possible:
- Should we scrap them altogether?
- Could their purpose be achieved in a non-regulatory way (eg through a voluntary code?) How?
- Could they be reformed, simplified or merged? How?
- Can we reduce their bureaucracy through better implementation? How?
- Can we make their enforcement less burdensome? How?
- Should they be left as they are?
TUPE and provision of employee information to a successor employer: Under the current TUPE Regulations, the obligation for an outgoing employer (the transferor) to provide “employee liability information” is limited to 14 days prior to the transfer date. This is woefully inadequate. In the case of a second stage outsourcing of a services contract or the bringing in house of a service, the 14 day limit is a bar to adequate cost assessment, proper tendering or responsible treatment of incoming staff (including even the most basic administrative steps such as setting them up on payroll). When there was last consultation on this issue (the updating of the 1981 TUPE regulations in 2006), this issue was widely acknowledged as a problem, but the amendment by the last administration was inadequate.Comment Tags: TUPE and provision of employee information to a successor employer: