What are the civil penalties for illegal employment in the UK?

Employing individuals without the legal right to work in the UK can lead to significant financial penalties and legal consequences for employers. It’s crucial to understand these penalties and the steps to mitigate potential risks.

What is a civil penalty?

A civil penalty is a fine imposed on employers who hire individuals lacking the appropriate permission to A civil penalty is a fine imposed on employers who hire individuals lacking the appropriate permission to work in the UK. Employing someone without the right to work is prohibited. If you, as the employer, knowingly employ an individual without this right, you may face prosecution in addition to the civil penalty.

What are the penalties for illegal working?

The UK government has significantly increased civil penalties for illegal working:

1. For a first breach, the penalty has risen from £15,000 to £45,000 per illegal worker.
2. For a repeat breach within the last three years, the penalty has increased from £20,000 to £60,000 per illegal worker.

These changes underscore the importance of conducting thorough right to work checks.

Are there any mitigating factors?

As an employer, you can potentially reduce the level of the penalty by providing timely and accurate information to the Home Office during investigations, implementing robust procedures to verify the right to work of your employees and proactively reporting suspected illegal workers to the Home Office.

Each mitigating factor can lead to a reduction in the penalty amount.

What are the steps to ensure compliance?

To avoid civil penalties:

1. Before employment begins, verify that all employees have the legal right to work in the UK by conducting right to work checks.
2. Keep clear records of all checks conducted, including copies of all relevant documents.
3. Regularly review and update your right to work policies in line with current legislation.
4. Ensure that staff who are responsible for recruitment and compliance are adequately trained on right to work procedures.

By implementing these practices, you can establish a statutory excuse against liability for a civil penalty if they unknowingly employ someone without the right to work.

The UK government is intensifying efforts to prevent illegal working, and the associated penalties have become substantially more severe. As an employer, you must be diligent in verifying the right to work of all employees to avoid significant fines and legal repercussions.

Updated: 05 February 2025

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

©Gherson 2025

View all news & Insights