Illegal Workers and Civil Penalties – Employer Immigration Compliance
UK employers must ensure that all employees have the legal right to work in the United Kingdom. Businesses that employ individuals who do not have permission to work may face significant financial penalties and, in serious cases, criminal prosecution.
At TM Fortis Solicitors, our experienced immigration solicitors in Manchester provide advice to employers who are facing civil penalties for illegal working, Home Office investigations, or compliance issues relating to right to work checks.
We assist businesses in responding to enforcement action and help minimise the impact on their operations.
Civil Penalties for Employing Illegal Workers
Under UK immigration law, employers can be issued with a civil penalty of up to £60,000 per illegal worker if they are found to be employing a person who does not have permission to work in the United Kingdom.
Civil penalties may be imposed following investigations by the Home Office Immigration Enforcement team.
When determining the level of the penalty, the Home Office may consider factors including:
- Whether the employer conducted proper right to work checks
- Whether the employer has previously been issued with a civil penalty
- The level of cooperation with the Home Office investigation
- Whether the employer reported suspected illegal working
Penalties can be extremely costly and may also have serious reputational consequences for businesses.
Establishing a Statutory Excuse
Employers may avoid liability for a civil penalty if they can demonstrate that they carried out the required right to work checks before employment began.
This is known as establishing a statutory excuse.
To establish a statutory excuse, employers must:
- Obtain original or digital evidence of a worker’s right to work
- Check that the documents appear genuine and belong to the employee
- Copy and retain the evidence securely
- Record the date on which the check was carried out
Where the correct checks have been undertaken, an employer may be protected from liability even if the worker is later found to be working illegally.
However, this defence will not apply where the employer knowingly employs a person who does not have the right to work.
Importance of Right to Work Checks
The Home Office strongly recommends that employers carry out right to work checks for all employees, regardless of nationality.
Conducting checks on all workers helps employers to:
- Establish a statutory excuse against civil penalties
- Demonstrate that recruitment processes are fair and non-discriminatory
- Ensure compliance with immigration law
- Protect the business from enforcement action
Failure to conduct proper checks can expose employers to significant financial penalties.
Responding to a Civil Penalty Notice
If the Home Office believes that an employer has employed an illegal worker, it may issue a Notice of Liability for a Civil Penalty.
Employers must act quickly after receiving such a notice.
Within 28 days, the employer may:
- Pay the civil penalty in full
- Request to pay the penalty in instalments
- Submit an objection to the Home Office
- Appeal the decision to the County Court
Failing to respond within the required timeframe may result in enforcement action being taken.
Legal advice should be sought as soon as possible in order to assess whether the penalty can be challenged or reduced.
Criminal Offences for Knowingly Employing Illegal Workers
In more serious cases, employers who knowingly employ individuals without the right to work may commit a criminal offence.
This offence can carry severe penalties including:
- An unlimited fine
- A prison sentence of up to five years
Businesses found to have deliberately employed illegal workers may also face reputational damage and restrictions on their ability to hold a sponsor licence.
Impact on Sponsor Licence Holders
Employers who hold a Sponsor Licence must comply with strict immigration compliance obligations.
If a sponsor licence holder is found to have employed illegal workers, the Home Office may take enforcement action including:
- Sponsor licence suspension
- Sponsor licence revocation
- Downgrading of the sponsor rating
Loss of a sponsor licence can have serious consequences for businesses that rely on overseas workers.
How Our Immigration Solicitors Can Help
If your organisation has received a civil penalty notice or is facing a Home Office investigation, our immigration solicitors can provide expert legal assistance.
We assist businesses with:
- Responding to civil penalty notices
- Submitting objections to the Home Office
- Appealing civil penalties to the County Court
- Advice on right to work compliance
- Immigration compliance audits for businesses
- Sponsor licence compliance advice
Our aim is to help employers minimise the impact of enforcement action and ensure that they meet their ongoing immigration obligations.
Contact Our Immigration Compliance Solicitors
If your business has received a civil penalty notice or requires advice about employer immigration compliance, our experienced immigration solicitors can assist.
Contact TM Fortis Solicitors today on 0161 220 6040 to discuss your situation and receive expert legal advice.
