Prevention of Illegal Workers

By implementing the appropriate document check and controls, employers can help ensure they are complying with the Home Office rules.

The penalties for employing undocumented workers are high:

1. you may be jailed for up to 5 years and receive an unlimited fine if you knowingly employ an illegal worker
2. you may be be fined up to £45,000 per employee or £60,000 if you are a repeat offender, if you fail to complete the correct checks prior to employing someone without the relevant right to work in the job you have hired them for
3. you may have to pay an Unlimited fine if you knew or had ‘reasonable cause to believe’ that the employee:

• did not have lawful leave or visa to enter or remain in the UK
• had expired visa or permission, or is an overstayer
• had conditions restricting certain types of work
• had identity or immigration status documents were incorrect or false

The reputation of a company can be damaged if a company receives a penalty for employing illegal workers. Therefore it is vital to ensure your organisation is complying with Home Office regulations and conducting the appropriate right to work checks.

As a warning to deter other companies from hiring illegal workers, the Home Office may publish your business’s details. If you are found guilty or liable, you will be issued a Civil Penalty Notice with a deadline to respond (usually 28 days). There would also be a lengthy cooling off period before you can apply for a Sponsor Licence to hire migrant workers hence this would cause serious disruption to your business. We may in certain cases, be able to challenge the decision if there are valid grounds for Challenge or Appeal.

We often work with companies to ensure they are conducting the correct checks prior to providing employment and follow-up checks where appropriate. If you would like advice and assistance on conducting the right to work checks or to challenge a Penalty Notice, please contact us today.