Civil penalty is a fine of up to £45,000 per each illegal worker for first breach and £60,000 per each illegal worker for subsequent breach, if an organisation is found employing illegal worker(s). Civil penalties are issued by the Home Office after discovering that an employer is employing a migrant who does not have permission to work in the UK or who works in breach of his visa conditions. The civil penalty definition is in section 15 of the Immigration, Asylum and Nationality Act 2006.
It is crucial for employers to follow the Right to Work Checks guidance published by Home Office. Unfortunately many employers have no or limited understanding how to carry out the right to work check and wrongly believe that having a UK driving licence and/or National Insurance number (NI) is equivalent to having right to work in the UK. Some employers do not do any right to work checks because they are not aware they are required.
Example business fined £135,000 civil penalty for employing illegal workers
Especially in the recent years there are many examples press news about businesses fined for employing illegal workers. Business owners and managers should read this press article to avoid similar mistakes in their right to work checks before employing staff. In this case Home Office fined a South East London restaurant £135,000 for employing 3 illegal workers. Home Office has also asked Bexley Council to revoke the restaurant’s premises licence. Fine remains unpaid and it has been referred to a third-party debt recovery. This is a huge financial burden for small business. On the other hand, civil penalty administration has to be done by Home Office in line with the relevant laws and procedures as otherwise civil penalty may be invalid.
The press article gives some background on the illegal workers found in the restaurant business: ‘Both men were from Uzbekistan. The first said he had worked at Hayat for two months and had been given the job of cleaning tables after showing his employer his Asylum Registration Card (ARC) to prove his right to work in the UK. However, Home Office checks revealed that the man was issued a visit visa from August 2021 which was valid until February 2022. He arrived in the UK on August 16, 2021 and made three claims for protection over the next few years, all of which were refused. He had no right to work in the country at the time of the enforcement visit.’
‘The second man was found preparing food in the kitchen and when he was interviewed in Russian, he revealed he had been working at Hayat for up to one year as a cook. He said he had been given the job by Halil Argun, Hayat’s Designated Premises Supervisor (DPS) at the time.’
After a few months or so Home Office made a further visit and found a third illegal worker. ‘The man was issued a student visa which was valid from March 2009 until September 2009. He applied to further his leave in October 2009 but this was rejected a month later. He had not submitted any further leave before the enforcement visit took place and was considered an overstayer.
Right to work checks before employment start to avoid civil penalty
It is crucial for employers to follow the Right to Work Checks guidance published by Home Office and carry out the correct right to work checks before employment starts. This is vital because the correct right to work check protect employers from civil penalty.
We are aware that right to work checks may seem complex for some employers. If you require legal support in setting up the process and or training your staff we can assist.
The correct right to work checks should be the top priority for every business in the UK to avoid civil penalties that may also result in the closure of the business.