Civil Compliance Fines: Large Employer Fines for Illegal Working Breaches

The UK government has announced that the civil compliance penalties for employers who hire illegal workers has increased from £20,000 to £60,000 per worker from February 13, 2024. This is part of a series of measures to deter illegal working and protect the rights of legal workers. Employers who are found to have employed illegal workers will also face criminal prosecution, which could result in imprisonment for up to five years and an unlimited fine.

To avoid these penalties, employers must conduct regular right to work checks on their employees and keep records of the documents they have seen. A right to work check involves verifying the identity and immigration status of a person who is applying for a job or is already employed. Employers must check the original documents that prove the right to work in the UK, such as a passport, a biometric residence permit, or a certificate of application. Employers must also make a copy of the documents and keep them securely for at least two years after the employment ends.

Employers who can show that they have carried out these checks correctly will have a statutory excuse against a civil penalty. The Home Office has published guidance on how to conduct right to work checks and what documents are acceptable as evidence of the right to work in the UK.

At UVS Law, we are experts at advising on Civil Compliance and Penalties, as well as implementing systems to avoid these situations. Please contact our expert team on 0330 133 7986 or email me directly at rashid@uvslaw.co.uk for your free consultation.