One of the initial tasks an employer should consider when engaging an employee (e.g. as part of onboarding/pre-employment checks) is whether the individual can legally work in the Isle of Man. This is particularly relevant for non-British/non-Irish individuals, for whom a visa may be required, and non-Isle of Man workers, who may need a work permit.
Please see our related note here concerning immigration and work permit issues in employment.
Isle of Man Government guidance makes it clear that “unless an employer checks that all prospective employees have the right to work in the Isle of Man, they risk breaking the law and could receive a substantial fine”[1].
Employers may request confirmation from job applicants as to whether they require a work permit or visa to do something that is required or permitted under the control of employment legislation or immigration law, though they still need to bear in mind the provisions of the Island’s equality legislation. (NB “Race”, which includes nationality and ethnicity, is one of the protected characteristics in respect of which there is a general protection against discrimination.)
The Equality Act Statutory Code of Practice on Employment[2] cautions that in making enquiries about a job applicant’s freedom to work in the Isle of Man, a prospective employer should be careful not to-
- make assumptions about a person’s right to work in the Island based on race, colour, national origin or caste; or
- directly or indirectly discriminate against workers or job applicants by doing things which are not required or authorised under the Control of Employment Act 2014 or immigration legislation[3].
As indicated above, there are stiff penalties for employers that engage a worker who is in the Isle of Man illegally or that employ a migrant worker in breach of their immigration permissions.
A defence exists to a prosecution for employing a worker in contravention of immigration restrictions if the employer can show that they complied with the requirements set out in the Immigration (Restrictions on Employment) Order 2021 (“Order”). This requires the employer to have undertaken certain checks and satisfied itself as to certain matters before employment begins and also to maintain appropriate records.
A copy of the Order can be accessed via this link: https://www.gov.im/media/1376881/immigration-restrictions-on-employment-order-2021-sd-2021-0170.pdf
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References:-
[1] https://www.gov.im/categories/travel-traffic-and-motoring/immigration/immigration-offences-and-prevention-of-illegal-working/
[2] GD No. 2019/0080
[3] See: https://www.gov.im/media/1367731/code-of-practice-on-employment-2019.pdf at 16.61 and 16.62
