Under the prevention of illegal working laws, businesses in the UK found to have employers without the legal right to work, may face a civil penalty. In addition, both employers and its employees risk criminal sanctions under section 21 of the Immigration, Asylum and Nationality Act 2006, and company directors may face disqualification.

From the perspective of civil law, the penalty can be as high as £20,000 per illegal worker. As a London-based law firm, AQ Archers can help your business to challenge a notice issued by the Home Office if you are suspected of having illegal workers.

What type of notices are issued by the Home Office if they suspect illegal working?

If the Home Office has reason to believe that the correct right to work checks were not carried out, or they were done incorrectly, you may be issued with a referral notice notifying you that the matter is being considered. As a result, you will receive one of the following notices:

• Civil Penalty Notice – once your case is reviewed, if the Home Office finds that you are liable for illegal working, you will receive a Civil Penalty Notice outlining the amount of the penalty and when this must be paid.
• Warning Notice – a formal warning that failure to carry out proper right to work checks in the next three years may result in a penalty of £20,000 per illegal worker
• a No Action Notice.

What factors can reduce the penalty levied?

The amount of penalty depends on factors such as whether your business has previously breached right to work check requirements, and the extent to which you are otherwise complying with checks to stop illegal working. If you have previously complied with reporting requirements (i.e. suspicions of illegal working), the penalty may be reduced. If you have co-operated with proceedings, then the penalty may be reduced further. And if you can demonstrate you have effective systems in place for right to work checks, then the penalty may be reduced further or downgraded to a warning.