[UK] Test ‘right to work procedures’ before fines triple in 2024

An immigration law expert has advised UK employers to review and, if necessary, update the procedures they have in place to ensure employees have a ‘right to work’ in the UK before 'more robust sanctions' take effect in 2024, Pinsent Masons reports.

Shara Pledger from Pinsent Masons was responding to plans announced by the Home Office for significant increases to illegal worker civil penalties. 

According to Ms Pledger, the changes will mean that businesses employing a worker without the appropriate right to work will be liable to pay fines starting at £45,000 per worker

The penalty that can currently be levied for a first breach is £15,000. Repeat offenders can reportedly expect fines of £60,000 for each illegal worker they employ. The increase is due to come into effect at the start of 2024.

The immigration law specialist said this is the ideal opportunity for employers to alleviate concerns and upgrade systems before the new penalties take effect.

Ms Pledger said, “We recommend employers use the next few months to consider how robust their right to work checking procedures really are. While employment of an illegal worker can never be undone, it is much better to identify a problem yourself and resolve it than to be informed of offending through Home Office intelligence or a compliance visit. Early identification can lead to reduction of penalty and potentially even cancellation of penalty under the current scheme.”

The Home Office stated that immigration enforcement levels, including in relation to illegal working, are now “at their highest levels since 2019” - they are up by 50 per cent on last year - and more people had reportedly been arrested in 2023 than during the whole of 2022 as a result.

Ms Pledger said employers can obtain help from legal advisers to evaluate and improve right to work checking procedures; including undertaking full policy reviews and providing recommendations for improvement, conducting file audits and stress testing current practices and obtaining bespoke team training as well as gaining access to guides and other information that can help staff when on carrying out right to checks.

“This is the ideal opportunity for employers to alleviate concerns and upgrade systems before the new penalties take effect,” she added.

Source: Pinsent Masons

(Quotes via original reporting)

An immigration law expert has advised UK employers to review and, if necessary, update the procedures they have in place to ensure employees have a ‘right to work’ in the UK before 'more robust sanctions' take effect in 2024, Pinsent Masons reports.

Shara Pledger from Pinsent Masons was responding to plans announced by the Home Office for significant increases to illegal worker civil penalties. 

According to Ms Pledger, the changes will mean that businesses employing a worker without the appropriate right to work will be liable to pay fines starting at £45,000 per worker

The penalty that can currently be levied for a first breach is £15,000. Repeat offenders can reportedly expect fines of £60,000 for each illegal worker they employ. The increase is due to come into effect at the start of 2024.

The immigration law specialist said this is the ideal opportunity for employers to alleviate concerns and upgrade systems before the new penalties take effect.

Ms Pledger said, “We recommend employers use the next few months to consider how robust their right to work checking procedures really are. While employment of an illegal worker can never be undone, it is much better to identify a problem yourself and resolve it than to be informed of offending through Home Office intelligence or a compliance visit. Early identification can lead to reduction of penalty and potentially even cancellation of penalty under the current scheme.”

The Home Office stated that immigration enforcement levels, including in relation to illegal working, are now “at their highest levels since 2019” - they are up by 50 per cent on last year - and more people had reportedly been arrested in 2023 than during the whole of 2022 as a result.

Ms Pledger said employers can obtain help from legal advisers to evaluate and improve right to work checking procedures; including undertaking full policy reviews and providing recommendations for improvement, conducting file audits and stress testing current practices and obtaining bespoke team training as well as gaining access to guides and other information that can help staff when on carrying out right to checks.

“This is the ideal opportunity for employers to alleviate concerns and upgrade systems before the new penalties take effect,” she added.

Source: Pinsent Masons

(Quotes via original reporting)