Illegal Working Fines Increasing from 13 February 2024
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The UK Government has implemented significant changes to the Right to Work regime, with effect from 13 February 2024.
These updates encompass both revised guidance for employers conducting checks as well as a significant increase in civil penalty fines for illegal working.
Changes in Right to Work Guidance from 13 February 2024
Understanding the changes is crucial for employers to ensure compliance and avoid enforcement action. The key updates are as follows:
Increased civil penalties
A significant aspect of the update involves a substantial increase in civil penalties for employers who fail to comply with their Right to Work obligations. The new penalty structure is as follows:
- First breach: Up to £45,000 per illegal worker, compared to the previous £15,000.
- Repeat breach: Up to £60,000 per illegal worker, compared to the previous £20,000.
Reliance on statutory excuse
The revised guidance emphasises establishing a “statutory excuse” against liability for employing an illegal worker. This involves taking reasonable steps to verify an individual’s right to work based on prescribed documents and following the correct procedures.
Clarification on EEA nationals and their family members
The guidance addresses the change in rules of EEA nationals and their family members post-Brexit. It outlines specific procedures for verifying their right to work, considering their settled or pre-settled status.
Emphasis on sponsored workers
The updated guidance provides detailed instructions for employers who engage sponsored workers for “supplementary work” outside their primary sponsored role. This requires additional verification steps to ensure compliance.
Streamlined online checks
The guidance clarifies the use of online checking services for certain visa categories, simplifying the verification process for employers.
Implications for Employers
The updated guidance and increased penalties necessitate proactive action from employers. This should include reviewing and updating internal right to work procedures. Ensure compliance with the revised guidance by reviewing and updating internal policies and training staff on the latest verification practices. Maintaining accurate records also remains critical; document all right to work checks, including the verification methods used and the documents checked, to demonstrate compliance in case of an audit.
Need assistance?
DavidsonMorris are UK immigration specialists. We offer comprehensive advice and support to employers to meet their obligations under the Right to Work regime through services such as Right to Work training, immigration compliance audits and consultancy. To understand what the changes mean for your organisation, or to discuss how we can support you to ensure compliance, contact us.
Last updated: 9 February 2024