350 Offences by employers

(1)

Every employer commits an offence against this Act who—

(a)

allows or continues to allow any person to work in that employer’s service, knowing that the person is not entitled under this Act to do that work; or

(b)

allows a person who is not entitled under this Act to work in the employer’s service to do that work.

(2)

Subsection (1)(a) applies whether the person commenced work in the employer’s service before or after the commencement of this section.

(3)

It is a defence to a charge under subsection (1)(b) that the employer—

(a)

did not know that the person was not entitled to do the work; and

(b)

took reasonable precautions and exercised due diligence to ascertain whether the person was entitled to do the work.

(4)

Except as provided in subsection (3), it is not a defence to a charge under subsection (1)(b) that the employer did not know that the person was not entitled under this Act to do that work.

(5)

A charge alleging an offence against this section may specify any day on which it is alleged the person was working for the employer, and need not state the day on which that work is alleged to have commenced.

(6)

For the purposes of this section, an employer is treated as knowing that an employee is not entitled under this Act to do any particular work if, at any time in the preceding 12 months (whether before or after the commencement of this section), the employer has been informed of that fact in writing by an immigration officer.

(7)

No employer is liable for an offence against this section in respect of any period during which the employer continues to allow any person to work in the employer’s service in compliance with the minimum requirements of any employment agreement (within the meaning of the Employment Relations Act 2000) relating to the giving of notice on termination of employment.

Compare: 1987 No 74 s 39

Section 350(5): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).