From the start of 2024, the civil penalty for employers employing illegal workers is set to triple to a crippling £45,000 per worker for first offences and £60,000 per worker for repeat offences. This is a massive increase from the current £15,000 per worker for a first offence and £20,000 per worker for repeat offences.

This hike in the civil penalties for employers is a serious move from the Home Office in its approach to knuckle down on illegal working in the UK. A fine at this level will be crippling for many SME employers especially where multiple illegal workers are involved.

The criminal liability on employers should also not be forgotten. Employers can be sent to jail for five years and be subject to an unlimited fine if they are found guilty of employing someone who they knew or had reasonable cause to believe did not have the right to work in the UK.

What can employers do to prevent illegal working in their businesses?

Make sure you conduct the right to work checks of every new employee correctly in the first instance in line with Home Office guidance. Complying with the Home Office guidance is not always straightforward as there are various potential complications that can arise based on individual circumstances. It is always best to seek specialist immigration and/or employment law advice in this instance to ensure the correct protocol is being followed.

To minimise the risks to their business employers should also consider carrying out regular internal audits of their right to work records, and HR procedures and systems in relation to right to work checks. It would also be recommended for staff involved in right to work checking to have regular training to ensure they stay on top of the Home Office rules and guidance.