The Government has announced a threefold increase in the level of civil penalties it can impose on employers that breach their duties under the prevention of illegal working regime.
From the start of 2024, civil penalties for illegal working will increase from £15,000 per illegal employee to £45,000. Repeat offences will result in a fine of up to £60,000, which is double the existing fine of £20,000.
Employers’ right to work obligations
Employing people who don’t have a valid right to work and live in the UK is against the law.
A civil penalty may be imposed on employers who hire individuals who are not authorised to perform the work for which they are hired.
Additionally, if an employer hires someone they either know to be an illegal worker or have “reasonable cause to believe” does not have the proper immigration status, they are breaking the law.
In light of the increased fines, employers are advised to review their right to work processes to ensure continued compliance with their obligations and to avoid Home Office enforcement action.
Each employee’s right to work must be verified before they begin employment, and in some cases, follow-up checks will be required where the worker has a time-limited permission to work. To meet their right to work duties, employers must:
- Perform right to work check on all potential employees before hiring.
- Follow-up checks should be performed on workers whose permission to reside and work in the UK is temporary.
- Keep records of all the inspections you perform.
- Do not employ someone who you know, or have reason to suspect, is an illegal worker.
Need assistance?
DavidsonMorris are UK business immigration specialists. We offer a range of services to support effective immigration compliance, including Right to Work training, Right to Work audits and expert guidance on challenging civil penalties for illegal working. Contact us for expert advice.
Last updated: 8 August 2023
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
