header-logo header-logo

On the spot

04 June 2009 / Mark Tempest
Issue: 7372 / Categories: Features , Judicial review , Immigration & asylum , Employment
printer mail-detail

Employers are appealing against civil penalties for employing illegal workers. Mark Tempest reports

The civil penalty regime introduced by the Immigration, Asylum and Nationality Act 2006 (IANA 2006) celebrated its first birthday on 1 March 2009. IANA 2006 allows the UK Border Agency (UKBA) to issue penalty notices against employers who employ a person in breach of immigration law. Employers face a maximum penalty of £10,000 per illegal worker. The total amount of penalties issued is already over £14m.

IANA 2006 sets out a three-stage process. It allows UKBA to impose a penalty, it allows a penalised employer to object to the penalty via an internal review, and it provides for an appeal to the county court. The appeal is the only way of challenging the penalty in law.

Appeals under IANA 2006 are governed by Pt 52 of the Civil Procedure Rules, which is supplemented by a lengthy practice direction. Compliance with the practice direction is mandatory.

Pt 52 discourages appeals from judicial decisions by a combination of limited rights of

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Birketts—trainee cohort

Birketts—trainee cohort

Firm welcomes new cohort of 29 trainee solicitors for 2025

Keoghs—four appointments

Keoghs—four appointments

Four partner hires expand legal expertise in Scotland and Northern Ireland

Brabners—Ben Lamb

Brabners—Ben Lamb

Real estate team in Yorkshire welcomes new partner

NEWS
Robert Taylor of 360 Law Services warns in this week's NLJ that adoption of artificial intelligence (AI) risks entrenching disadvantage for SME law firms, unless tools are tailored to their needs
The Court of Protection has ruled in Macpherson v Sunderland City Council that capacity must be presumed unless clearly rebutted. In this week's NLJ, Sam Karim KC and Sophie Hurst of Kings Chambers dissect the judgment and set out practical guidance for advisers faced with issues relating to retrospective capacity and/or assessments without an examination
Delays and dysfunction continue to mount in the county court, as revealed in a scathing Justice Committee report and under discussion this week by NLJ columnist Professor Dominic Regan of City Law School. Bulk claims—especially from private parking firms—are overwhelming the system, with 8,000 cases filed weekly
Charles Pigott of Mills & Reeve charts the turbulent progress of the Employment Rights Bill through the House of Lords, in this week's NLJ
From oligarchs to cosmetic clinics, strategic lawsuits against public participation (SLAPPs) target journalists, activists and ordinary citizens with intimidating legal tactics. Writing in NLJ this week, Sadie Whittam of Lancaster University explores the weaponisation of litigation to silence critics
back-to-top-scroll