HR / Immigration Law - Received a Civil Penalty under the Immigration Act?

What are your options if your business has received a civil penatly for illegal working?

If your business has received a Civil Penalty under the Immigration Act, it is important to seek legal advice early on the options open to you. Depending on the circumstances, it may be possible to negotiate a reduction in the amount you owe, or you may have grounds to mount a successful appeal to cancel the fine.

The Home Office also has the power to increase the level of the original penalty at the appeal stage – so it is important to proceed with an objection only where you are confident in the merit of your challenge following professional advice.

All UK employers must by law – under Section 15 of the Immigration, Asylum and Nationality Act 2006 – ensure all employees have relevant permissions to work lawfully in the UK by conducting effective Right to Work checks. Through the civil penalty regime, the Home Office has powers to fine those employers that are in breach of the regulations.

Where businesses are found to be in breach of their immigration duties, a civil penalty for illegal employment may be served. Currently, the level of fine is up to £20,000 per breach, however, this will increase from the start of 2024, from £45,000 per illegal worker for a first breach and up to £60,000 for repeat breaches.

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