Are penalties to increase where Employers breach right to work checks?

23 August 2023

The Answer:  

Following the passing of the Illegal Migration Act 2023, the Government on 7th August 2023 published a news story of their intention to triple fines upon businesses who knowingly employ illegal workers. The Minister for Immigration Robert Jenrick said: “Making it harder for illegal migrants to work and operate in the UK is vital to deterring dangerous, unnecessary small boat crossings..."

The Risk/Threat:

The consequences of the Government’s intention would be that a civil penalty for a first-time breach will increase from £15,000 (set in 2014) to £45,000 for each illegal worker and repeated breaches will increase from £20,000 to £60,000. Criminal sanctions for employing illegal workers would remain unchanged with a maximum sentence of 5 years imprisonment if found guilty.

What you need to:

The provisions are likely to become law early 2024 and businesses must be mindful of the changes and review their right to work procedures to ensure they are in line with Government guidance last updated 28th March 2023.

 

If you require any further assistance, please do not hesitate to contact our HR/Legal advice line team at 01455 852 028.

 

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