What are the obligations that arise under the Immigration, Asylum and Nationality Act 2006 following a TUPE transfer?
The obligations under the Immigration, Asylum and Nationality Act 2006 (The Act) and specific TUPE consequences are dealt with under separate headings below. Obligations to check documents Under the old law it appeared that liability for illegal employment under did not transfer following a TUPE transfer. However it appears that obligations under the Act may apply to all employers including transferees in a TUPE situation. In summary, employers may be fined up to £10,000 per illegally employed worker unless they can prove that they checked the prospective workers right to work in the United Kingdom. If the employer knows that an employee is not permitted to work the fine is unlimited with a possible custodial sentence of two years’ imprisonment. To avoid discrimination claims employers should check all job applicants. The Border and Immigration Agency has published guidance for employers on avoiding unlawful discrimination in carrying out the requisite document checks – see below. Befo
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