Increase to fines for employing illegal workers
As of Tuesday 13 February, the overall maximum illegal working civil penalty has increased from £20,000 to £60,000. In addition, the starting point for a first breach has risen from £15,000 to £45,000.
The amounts are applied per illegal worker identified. The criminal implications remain unchanged – employers can still face a maximum five-year prison sentence for knowingly employing individuals who don’t have the right to work.
A civil penalty can be avoided if an employer establishes a statutory excuse by carrying out a right to work check in line with the Home Office’s guidance, and ensuring that checks are properly recorded and retained for the necessary length of time. There is also a requirement to conduct follow-up checks for workers whose immigration permission is time-limited.
Employers are advised to review their current recruitment practices and right to work checking processes to minimise the risk of incurring penalties. They should also ensure those who are responsible for conducting right to work checks are trained to do so and fully understand the requirements.
The Right to Work Checks Standard has been updated accordingly.
