Following new rules announced by the Government on 7 August, the civil penalty for employing an illegal worker will be increased significantly from early 2024. The Government has stated that it will be increasing the fines for employers who employ illegal migrants, in an attempt to make it “harder for illegal migrants to work and operate in the UK”, according to Immigration Minister Robert Jenrick.
The fine for employing illegal workers, which was last increased to 15,000 in 2014, will be tripled to 45,000 per worker for first offenders – a huge increase. Repeat offences will now incur an eye-watering fine of 60,000 per worker, up from 20,000.
According to the Home Office, around 4,000 civil penalties (totalling 74 million) have been issued to employers since 2018. This follows a significant clamp down by the Home Office on immigration enforcement activity over the last year. Compliance visits targeting workers without lawful immigration status is up by 50% – its highest level since 2019.
The Government says “there is no excuse for not conducting the appropriate checks and those in breach will now face significantly tougher penalties.”
An employer can obtain a statutory excuse against a civil liability penalty for illegal working by carrying out right to work checks in line with Home Office guidance. In summary, employers should carry out the following steps:
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