January 07, 2011
The British Chambers of Commerce (BCC) has warned that businesses who were denied the opportunity to sponsor migrant workers under the coalition Government’s interim limit, may now seek redress or compensation after the concept was deemed unlawful.
In late 2010, the High Court ruled that the Government's interim limit was unlawful because the changes had not been laid before Parliament, as all changes in legislation must.
In a subsequent Written Ministerial Statement (WMS), published by Immigration Minister Damian Green MP and Dr Adam Marshall, Director of Policy at the British Chambers of Commerce (BCC), said:
“Any degree of uncertainty around immigration policy is detrimental for business. We are encouraged by the Government’s swift actions to remedy the problems created by the temporary immigration cap.
“Since the temporary cap came into force last April, a large number of businesses applied for Certificates of Sponsorship to hire skilled workers. In light of the latest changes, many will be facing confusion and uncertainty. Therefore it’s crucial that the Government provides businesses with clear guidance on their rights to compensation and redress where appropriate.
“One thing is clear. Any changes to immigration rules must allow employers to access the right skills as and when they need them. Only then will Britain really be open for business, and only then will business be able to power a Year for Growth in 2011.”