As part of the government’s efforts to reduce illegal migration, substantial increases to illegal working penalties for employers came into force on 13 February 2024.
For a first-time breach, penalties increased from £15,000 to £45,000 per illegal worker.
Repeated breaches tripled from £20,000 will to £60,000 per illegal worker.
In order to assist employers the Home Office has published an updated Code of Practice on Preventing Illegal Working which came into effect on 13 February 2024.
The Code of Practice sets out the following:
- Processes on how employers should conduct right-to-work checks.
- Processes on what information and the length of time it must be retained by the employer.
- Requirement for employers to conduct follow-up right-to-work checks for workers whose immigration permission is time limited.
- Requirement for employers to properly record their right-to-work checks.
- A civil penalty can be mitigated if the employer can establish that they have complied with the Code of Practice. This would provide the employer with a defence known as a statutory excuse.
In view of the Code as well as the substantial increases to applicable fines, all employers should ensure they have stringent internal measures and practices in place to comply with the Code of Practice and to carry out right-to-work checks on all prospective and current employees/workers.
Knowingly employing an illegal worker may also constitute a criminal offence with a possible prison sentence of up to 5 years.
For more information visit the Government website here
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