Immigration Law

Meet the Co-chairs - TAGLAW

Paget, Joel H.
Ryan, Swanson & Cleveland, PLLC

Immigration Law

Contact: Rachel Lewis; Clarkslegal LLP (Reading, England)

The government has recently published a draft statutory code of practice on how to avoid unlawful discrimination while preventing working.

What does the code say?

All employers have a duty to carry our pre-employment immigration checks to ensure that their workers have the right to work in the UK.  However, an obvious risk arises if an employer only undertakes checks in respect of its non-British workforce, or only checks ethnic minority job applicants. In this situation, an employer could face discrimination complaints on the grounds of colour, ethnic and/or national origins. If these complaints are successful a Tribunal may award compensation (which is not subject to a cap).

Read more: Government Publishes Draft Statutory Code of Practice to Prevent Unlawful Discrimination and...

Contact: Nav Bilkhu; Clarkslegal LLP (Reading, England)

A number of changes were introduced to the immigration rules on 6 April 2014 (see our previous Buddy blog). Alongside these changes came the yearly increase in fees for visa, immigration and nationality applications and premium services, which also apply from 6 April. As before, the fees vary depending on the type of visa application and whether the application is being made outside or inside the UK.

Read more: New Visa Fees Come into Force

Contact: Nick Huffer; Clarkslegal LLP (Reading, England)

The Claimants in the cases of Owu v Akwiwu; Taiwo v Olaigbe were both Nigerian nationals who came to the UK after being granted visas to work as migrant domestic workers for two separate families. Both were subsequently badly treated and exploited by their employers, through long working hours, underpayment, restrictive living conditions and physical and verbal abuse.

Read more: Not Discrimination Where the Reason for Mistreatment was Immigration Status

Contact: Rachel Lewis; Clarkslegal LLP (Reading, England)

Last year we reported that the government planned to introduce tougher civil penalties for employers who employ illegal workers by increasing the maximum penalty. Since then a draft order has been presented to parliament which will increase the maximum penalty from £10,000 to £20,000 per illegal worker (The Immigration (Employment of Adults Subject to Immigration Control) (Maximum Penalty) (Amendment) Order 2014).

Read more: Increased Penalty for Employing Illegal Workers

Contact: Liz Timmins; Clarkslegal LLP (Reading, England)

In the case of Wijesundera v Heathrow 3PL Logistics Ltd the EAT held that a Sri Lankan national who was working without a work permit was able to bring a claim of sexual harassment.

Read more: Illegal Worker Succeeds in Sexual Harassment Claim Against Employer