From the start of 2024, the maximum civil penalty for employing an illegal worker will be raised from 20,000 to 60,000. The Home Office also intends to consult on strengthening sponsor compliance action where illegal working is found. Employers should act now to bolster their right to work checking processes to minimise the risk of incurring penalties and being subject to sponsor compliance action.

On 7 August 2023, the Home Office announced the planned increases, which have been brought forward as part of the strategy to deter small boat crossings and, in turn, illegal working and renting.

What changes have been announced?

Illegal working civil penalties cover the situation where an employer unknowingly employs a person who does not have the required permission to perform the job in question.

From the start of 2024, the overall maximum illegal working civil penalty will be increased from 20,000 to 60,000. In addition, the starting point for a first breach will be increased from 15,000 to 45,000. The amounts applied are per illegal worker identified.

During 2023, the Home Office will also launch a consultation on options it is considering on more stringent compliance action against Points-Based Immigration System sponsors who have been found employing illegal workers.

What other sanctions are there for illegal working?

There is a separate criminal offence where an employer knows, or has reasonable cause to believe that they are employing an illegal worker. The offence...

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