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
Example business fined £135,000 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.
Right to work checks before employment start
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 so important because correct right to work checks 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.