All employers must comply with illegal working legislation and will face significant penalties for employing workers without appropriate permission to work in the UK.
Non-compliance and failure to conduct appropriate right to work checks can result in the Home Office issuing your business with a Civil Penalty Notice, carrying fines of up to £60,000 per illegal worker, as well as publication of your company details on a name-and-shame list.
How we can help
If you receive an Information Request
If Immigration Enforcement suspects you have breached your right to work obligations by employing an illegal worker, you may receive an information request probing for more information relating to named individuals. It’s vital you take this opportunity to respond and set out your defence. You will typically only be given one week to respond, so speed is critical.
We will work with you to ensure you present the best possible defence and put yourself in a strong position to avoid a civil penalty, or to make a challenge if one is issued.
If you receive a Civil Penalty Notice
You have 28 days to decide whether to pay the penalty or object. We will advise you on whether you have grounds to object to either the penalty itself, or to the level of the penalty. Grounds of objection include having a statutory excuse from a valid right to work check, not being the part liable for the penalty, or the penalty level being incorrectly calculated.
Our team advises a wide range of employers across many different sectors. Whether you are at the early stages of an information request or have received a civil penalty notice, we are here to help you understand your rights and understand whether you have grounds for objection.
We pride ourselves in our straightforward and pragmatic advice. If we think you have a strong case we will explain why, and help you protect your position. If we do not think you have a reasonable defence, we will tell you at the earliest opportunity and guide you on mitigating both your legal fees and the level of your penalty, including through faster penalty payment options.
We regularly conduct mock right to work checking audits for employers to ensure their HR procedures are compliant and up to date. This is the best way to ensure your organisation steers clear of illegal working issues. We also offer bespoke training sessions for your staff, to guide them through the Home Office’s right to work checking guidelines for employers and advise on best practice for recruitment. For further information, contact our immigration law team.
