Prevention of Illegal Working
All UK employers are at risk of incurring criminal and civil penalties for employing illegal workers. The Immigration Act 2016 extended criminal liability to the employing organization, putting directors at risk, and to illegal workers themselves.
Your organisation needs robust HR systems in place to minimise its exposure to these risks. We offer bespoke Prevention of Illegal Working services, tailored to your needs and budget, whether you need an audit of personnel records, staff training or a hotline for those tricky illegal working questions.
The Home Office increases its levying of penalties day by day. In the unfortunate event that your organisation has recently been the target of a penalty, we can quickly assess the potential success of objecting to the fine. We will seek to reduce or eliminate fines.
Our team is international and includes English, Russian, Chinese, Japanese, French and Armenian speaking members.
Related items
Illegal working civil penalties set to triple from 2024
08 August 2023From the start of 2024, the maximum civil penalty for employing an illegal worker will be raised from £20,000 to £60,000. The Home Office also intends to consult on strengthening sponsor compliance action where illegal working is found. Employers should act now to bolster their right to work checking processes to minimise the risk of incurring penalties and being subject to sponsor compliance action.
How to deal with a civil penalty notice for illegal working
03 July 2023The Home Office is currently focusing on identifying and penalising illegal working. Where illegal working is found, an employer may be liable to pay civil penalty of up to £20,000 per illegal worker, and may also suffer adverse consequences for their business. It is therefore beneficial for employers to understand how to deal most effectively with a civil penalty if received.
How to deal with a right to work information request from the Home Office
04 May 2023The Home Office’s Immigration Enforcement team can issue an Information Request to any employer where employment of an illegal worker is suspected. This is a preliminary step to a potential civil penalty notice being issued, which can be up to £20,000 per illegal worker. It is important to handle these requests proactively because an employer who responds accurately and promptly may receive a reduced penalty or avoid it completely.
What’s happening in immigration law in 2023?
05 January 2023Employers may receive mixed messages on immigration in 2023 as the Government grapples with addressing skills shortages while aiming to bring down net migration. As the recession bites, the Home Office may step up compliance activities for sponsors and on right to work.
Preventing illegal working: employers able to rely on online right to work checks from 28 January 2019
14 December 2018In some circumstances employers will be able to use the Home Office Right to Work Checking Service available on GOV.UK from 28 January 2019 to obtain a statutory excuse against payment of a civil penalty for employing an illegal worker, without having also to check the individual’s physical documents.
GDPR incoming! Some challenges from an immigration perspective
24 May 2018GDPR. Four letters currently dominating the thoughts of every company in Europe. The General Data Protection Regulation comes into force tomorrow, Friday 25 May 2018.
Joanna Hunt writes for City A.M.: Businesses should demand the home office reform policies that create a burden and ‘hostile environment’ for employers
09 May 2018In an article for City A.M. Joanna Hunt discusses the UK's immigration system creating a "hostile environment" resulting in a burden on employers having to check all employees right to work in the UK, or face harsh penalties.