The maximum fine for employing an illegal worker is increasing from 22nd January 2024:

To £45,000 per illegal worker for a first breach.

To £60,000 for repeated breaches.

And if you’re found to knowingly employ an illegal worker, you can also face criminal charges.

The Government can audit you at any time and if they suspect you have employed an illegal worker, whether knowingly or not, it is your responsibility to provide proof that you completed the necessary checks.

If you cannot provide this evidence, you’ll be fined and could face more serious consequences.

Completing right to work checks is a simple process when employing someone and it is essential that you’re doing this and keeping a record of it correctly.

Here are some tips that you need to follow:

1. Make sure you stay up-to-date

The Home Office doesn’t announce when changes are made and it’s your responsibility to make sure your processes reflect latest guidance.

2. Make sure you accept valid proof of right to work

Biometric residence cards can no longer be accepted for instance, so make sure you know what proof is now valid and ensure you receive and check this before employing someone.

3. Make sure you record the date

If your organisation cannot prove to the Home Office that checks were made before employment commenced, you will be fined.

4. Make sure you know the details when employing students

If you’re employing students, you need to know their term dates, proof of where they are enrolled and proof of completion, amongst other requirements.

If you’re unsure – speak to us now

Other immigration updates

From 16th January 2024, the Immigration Health Surcharge (payable by the employee) is set to increase from £624 to £1,035.

With something so consequential as right to work checks, you cannot afford to make any mistakes. So, if you’re unsure, please speak to an expert HR consultant today to get your processes sorted out and keep your small business running smoothly. You've got this!