The changes create a new offence of illegal working and extend the existing criminal offence of knowingly employing an illegal migrant.
Sections 1 to 9, which deal with the creation of a new post of Director of Labour Market Enforcement. The Director will be tasked with overseeing and co-ordinating enforcement of worker exploitation legislation by the three main bodies responsible: the Gangmasters Licensing Authority (to be renamed as the Gangmasters and Labour Abuse Authority from 12 July 2016), the Employment Standards Inspectorate and HMRC.
Section 34, which creates a new offence of illegal working and which will enable the earnings, of illegal workers, to be seized under the Proceeds of Crime Act 2002.
Section 35, which extends the existing criminal offence of knowingly employing an illegal migrant to the situation where an employer has a reasonable cause to believe that a person is an illegal worker. Conviction on indictment for this offence will increase from two to five years.