In The Know -10th August 2023

The Home Secretary has announced that fines will substantially increase for employers who allow illegal migrants to work for them.

• In the biggest change to civil penalties since 2014, fines are to be more than tripled for employers who allow illegal migrants to work for them
•  The government plan on increasing the fines from 2024, from £15,000 to up to £45,000 per illegal worker for a first breach and from £20,000 to up to £60,000 for repeat breaches.
• It is not yet clear how the government will implement these proposed increases. It has been announced that later this year, the Home Office will consult on options to strengthen action against licensed businesses who are employing illegal workers.
• Since the start of 2018, almost 5000 civil penalties have been issued to employers with a total value of £88.4 million.
• Employers should already be checking the right to work of anyone they employ. There are a number of ways to do this, which are not changing, including via a manual check of original documentation and the Home Office’s online checking service.
• Employers should ensure that they have right-to-work checks on file for all staff, even those who have been employed for some time. If any checks are found to be missing, these should be completed as a matter of urgency. Recruitment processes should also be reviewed to ensure that right-to-work checks are being completed correctly

Is it too hot to work: Workplace temperatures

Workplace temperatures vary from workplace to workplace. Sometimes the temperature is affected by the activity (i.e. a hot kitchen or bakery). Employers can support workers in a hot environment in many ways.

You could relax your dress code, allowing more comfortable attire, providing you update your risk assessment. Increase ventilation or fans to circulate cooler air. Ensure that no fire doors are propped open. Close curtains and blinds over weekends.

Did you know?

Whilst there is no legal limit for workplace temperature, employers are required to provide fresh air and a comfortable working environment. You could also provide cold water dispensers.

Tesco introduces day-one flexible working right

Tesco has announced that its employees will have the right to make a flexible working request from day one of employment, rather than having to wait until they have 26 weeks’ service.

The move will apply to all Tesco employees, affecting more than 300,000 staff. Tesco is aiming to give staff the opportunity to benefit from a healthy work-life balance and support employees with their differing needs.

Did you know?

The right to make a flexible working request is likely to become a day-one statutory right when the Employment Relations (Flexible Working) Act 2023 comes into force next year.

Increasing employer use of occupational health

According to Chancellor Jeremy Hunt, the number of people not working in the UK due to long-term sickness specifically has reached a record high. Typically, for every 13 people currently working, one person is long-term sick.

In this context, the government has launched two linked consultations on increasing employer use of occupational health (OH)services and the role of tax incentives in boosting OH provision by employers.

Did you know?

Occupational health services can play a vital role in managing long-term sickness absence, facilitating the employee’s return to work and putting the support in place for them to stay in work.

Extending the termination date is not a breach of contract

The claimant’s dismissal, following a long-term sickness absence, was initially due to take effect on 5 January 2018. The respondent extended the termination date on seven occasions until 21 December 2018.

The claimant argued that this amounted to a breach of contract as it did not follow the absence management policy, but the Employment Appeal Tribunal rejected this argument.

Did you know?

This case highlights that employers should be careful if they want to postpone a termination date that they do not breach any of their policies and that they act fairly.

What should employers consider for e-bikes in the workplace?

Employers must ensure that they carry out right to work checks correctly for all staff. Contact our 24-hour Advisory Service for up-to-date guidance on this and more.

Please contact the 24 Hour Advice Service for advice on your specific situation before acting on the information in this publication.

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