The Home Office’s Immigration Enforcement team can issue an Information Request to any employer where employment of an illegal worker is suspected. This is a preliminary step to a potential civil penalty notice being issued, which can be up to 20,000 per illegal worker. It is important to handle these requests proactively because an employer who responds accurately and promptly may receive a reduced penalty or avoid it completely.

Immigration Enforcement data reveals that almost 1,000 civil penalties were issued in 2022, costing employers a total value of 16million. Since then, the Home Office has announced plans to focus its attention on illegal working. We have been seeing substantially increased activity in this area in recent months.

In this article, we explain what the immediate next steps are for employers in receipt of an Information Request regarding a suspected illegal worker.

The civil penalty system

A civil penalty is a financial sanction of up to 20,000, issued by the Home Office to employers found to have failed to complete a compliant right to work check under the prevention of illegal working regime. The penalty is issued per illegal worker. Employers should be aware of the Home Office’s code of practice, which is considered by the Home Office when determining the amount of civil penalty for employing an illegal worker.

The consequences of being issued with a civil penalty can be far-reaching. If the employer is a sponsor licence holder employing overseas...

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