Maximum fine for employing an illegal worker triples to £60,000
The maximum fine for employing an illegal worker and failing to carry out the appropriate checks has
tripled as part of the Government’s drive to clamp down on illegal migration.
Under the new Code of practice on preventing illegal working the civil penalty for employers has
increased from £15,000 to a maximum of £45,000 per illegal worker for a first breach, and from £20,000
to £60,000 for repeat breaches.
The changes are effective from 13 February.
The code states: “All employers have a responsibility to prevent those without lawful immigration status
from working in the UK. The ability to work illegally is often the main driver of illegal migration.
“Working in the UK without the requisite permission (“illegal working”) encourages people to break our
immigration laws and provides the practical means for migrants to remain in the UK unlawfully.
“It often results in abusive and exploitative behaviour, the mistreatment of unlawful migrant workers, tax
evasion and illegal housing conditions, including modern slavery in the most serious cases.
“It can also undercut legitimate businesses and have an adverse impact on the employment of people
who are in the UK lawfully.”
The code outlines:
- how to establish a statutory excuse for right to work checks
- an overview of how the civil penalty is administered
- how to determine liability and calculate the penalty amount.
Please contact us if you would like more information about the issues raised in this article or any aspect of employment law.