The government has announced that financial penalties are to be tripled for employers who employ illegal workers.

Under the Immigration, Asylum and Nationality Act 2006, it’s a civil offence for an employer to employ a worker in the UK who is subject to immigration control if they have not been granted leave to enter or remain in the UK, or their leave to enter or remain in the UK is invalid, has ceased to have effect or is subject to a condition preventing them from accepting the employment. For this offence, employers can be fined up to a maximum of £20,000 per illegal worker. The amount of the penalty is calculated on a sliding scale and depends on factors such as whether the employer had been found to be employing illegal workers within the previous three years, whether they had already reported the suspected illegal worker to the Home Office and their active co-operation with the Home Office’s investigation. However, there’s a statutory excuse against liability for payment of the penalty where the employer can show that, before the worker’s employment began, they carried out a prescribed right to work check.

The government has now confirmed that the maximum civil penalty will increase from £20,000 to £60,000 per illegal worker (from £15,000 to £45,000 for a first breach). The higher penalties will take effect from the start of 2024. 

It’s a criminal offence to knowingly employ an illegal worker, or where the employer has “reasonable cause to believe” that the worker does not have the right to work in the UK. For the criminal offence, conviction on indictment carries a maximum five-year prison sentence and/or an unlimited fine, and the statutory excuse does not apply.

The government is also to consult later this year on options to strengthen action against licensed businesses that employ illegal workers.

Source: New feed