Mandeep Khroud
Partner
Prevention of Illegal Working & Civil Penalties
It’s a criminal offence to knowingly employ someone who has no right to work or live in the UK. As a business owner, you must check and keep evidence of each employee’s legal right to work.
Working with you to stay compliant
Our immigration solicitors can help make sure your organisation is compliant.
If it transpires that you have employed an individual who does not have the correct immigration permission to carry out the work in question, this could lead to serious consequences which include:
- A civil penalty (fine) of up to £60,000 per worker
- Suspension/revocation of sponsor licence
- Inclusion on a public register, which may lead to reputational damage
- Criminal sanctions
You can avoid liability if the prescribed right to work checks were carried out before employment commenced and, where applicable, throughout the duration of employment.
Alternatively, liability can be challenged by submitting robust written representations and documentary evidence to the Home Office, and also through appeal to the County Court.
Key considerations
- Right to Work Checks
Employers must carry out prescribed right to work checks on all prospective employees before employment begins.
- Ongoing Right to Work checks
Follow-up checks are required for employees with time-limited immigration status to ensure continued eligibility to work.
- Record-Keeping
Employers must securely retain records of right to work checks for the duration of employment and for two years after employment ends.
- Staff Training
Relevant staff should be trained to conduct compliant right to work checks, identify acceptable documents and apply procedures in a non-discriminatory manner.
- Staying Informed
Immigration law and Home Office guidance are subject to change. Employers must stay up to date to avoid inadvertent breaches.
- Home Office Inspections
Businesses should be prepared for potential inspections or enquiries and have systems in place to respond effectively.
Speak to a member of our team
Our team support you to navigate complexity, seize opportunity and move forward with legal clarity.
Contact our Specialists
Get strategic advice from a team that knows how to protect and grow your business. Please complete our enquiry form and one of our experts will contact you by the next working day.
Alternatively, you can call us now.
Our opening hours are Monday to Friday 8am to 6pm (Excluding Public Holidays).
0370 1500 100
How we can help
At Irwin Mitchell, our immigration team provides expert support to help employers navigate the complexities of preventing illegal working and avoiding civil penalties.
We offer:
- Tailored Legal Advice
Guidance on conducting compliant right to work checks and maintaining processes that meet Home Office standards. - Staff Training
Practical training sessions to help staff identify acceptable documents and apply procedures fairly and lawfully. - Mock Audits
Comprehensive internal reviews to identify and address compliance gaps before they become issues. - Civil Penalty Defence
Strategic support in responding to Home Office investigations, preparing written representations and managing County Court appeals.
Our proactive and pragmatic approach helps safeguard your organisation, reduce risk and ensure peace of mind, allowing you to focus on your core business activities.
Testimonials and feedback
We truly value the feedback we receive from both our clients and legal accreditation societies, such as The Legal 500 and Chambers & Partners.
Chambers & Partners, 2024Clients say "The firm provides excellent service and good value for money" and they are "accurate, very detailed and able to work efficiently in restricted timeframes."
Legal 500, 2024"Incredibly responsive and able to present technical issues in an understandable format"
Legal 500, 2024"The team is really amazing. They have a quick turnaround time and always act professionally."
Frequently Asked Questions
Employers can be liable for fines if you don’t carry out the proper checks before employing a migrant worker. You should:
- Check the applicant’s original documents – Confirm the documents are genuine and valid with the applicant, making sure date of birth, photos and personal information is the same across all documents
- Check the applicant’s right to work online, if they’ve given you their share code.
You must check that the dates for the applicant’s right to work in the UK haven’t expired. You must also make a copy of the original documents and keep them on record as evidence. If your employee can’t show you their documents, you must ask the Home Office to check their immigration employment status. The Home Office will then send you a ‘Positive Verification Notice’ to confirm the applicant’s right to work. You must keep this document on their record to show you have legally employed them. The easiest way to make sure all this happens is to have the right policies and procedures in place. We know that recruitment is different for every business and every sector. We’ll get to know your organisation and create a plan that suits your specific commercial situation.
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