Kidwells Solicitors

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01432 278179

01432 278179

  • Home
  • Individuals and families
    • Relationships and children
      • Relationships
      • Divorce
      • Dissolution of Civil Partnerships and Same Sex Marriages
      • Relationship Agreements
      • Domestic Abuse
      • Financial provisions on divorce or dissolution
      • You and your children
      • Child Living Arrangements
      • Child Maintenance Responsibilities
      • Related offers
      • Fixed Fee Divorce
      • Child Contact Agreement
    • Employment advice for you
      • Our employment advice services
      • Employment Advice Overview
      • Employment Tribunals
      • Settlement Agreements
      • Early Conciliation
    • Personal immigration advice
      • Our immigration services for individuals
      • Settlement and Citizenship
      • Tier 1 Visas
      • Student Visa (Tier 4)
      • Visa Appeal
      • EEA Application
      • Brexit Information and Guidance
    • Resolving personal disputes
      • Our services for personal dispute resolution
      • Boundary Disputes
      • Alternative Dispute Resolution
      • Personal Debt Recovery
      • Professional Negligence
    • Criminal Defence
      • Our criminal defence services
      • Crown Court
      • Magistrates Court
      • Police Station Representation
  • Business services
    • Company & Commercial
      • Company & Commercial
      • Company & Commercial Overview
      • Business Start-Ups
      • Commercial Contracts
      • Corporate Services
      • Corporate Services Overview
      • Business Structure
      • Transfers, acquisitions and disposals
      • Joint venture
      • Corporate Crime
    • Dispute Resolution & Debt Recovery
      • Dispute Resolution and Debt Recovery
      • Commercial Dispute Resolution
      • Commercial Litigation
      • Debt Recovery and Late Payment Demands
    • Commercial Property
      • Commercial Property
      • Commercial Property Mediation
      • Commercial Lease
      • Commercial Development
      • Buying and Selling
      • Landlord and tenant
      • Portfolio and asset management
      • Planning and environmental policy law
    • Employment and HR
      • Employment and HR Services
      • Employment and HR Overview
      • Employment Contracts
      • Recruitment and Retention
      • Employment Investigations
      • Social Media at work
      • Workplace Mediation
      • Employee Appraisals
      • Social Media at work
      • Training
    • GDPR Compliance
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      • Immigration for Businesses
      • Business and Sponsorship Licence and Compliance
      • Illegal Working and Civil Penalties
      • Tier 2 Visas
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      • Health and Safety
      • Advice on aspects of Health and Safety law
      • Health and Safety documentation
      • Tailor-made Policies, Procedures and Risk Assessments
      • On-site health and safety management and practical guidance
      • Health and Safety HSE interviews and investigations
    • Regulatory Services
      • Regulatory Services
      • Bribery
      • Regulatory
      • Licensing
  • About us
    • About Kidwells
      • Learn more about Kidwells Solicitors
      • About us
      • Our Mission and Values
      • Our History
    • Policies, procedures and complaints
      • Policies, procedures and complaints
      • Terms of Business
      • Website Privacy Policy
      • Company Privacy Policy
      • Issues and Complaints
      • Equality and Diversity
      • Client Care, Confidentiality and Interest
  • News
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Illegal Working and Civil Penalties

Civil Penalties damage businesses as they can no longer continue trading and it provides them with a negative reputation.

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Illegal working is not a matter to be taken lightly

Businesses need legal advice not only for when they’re facing a fine but also for when placing HR systems and reviewing evidence of employer’s right to work. Obtaining advice from our Business and Immigration specialists at the earliest opportunity is critical for an employer who has a Civil Penalty Notice.Our Immigration team also have training and experience in Employment Law. Therefore, we can offer advice on a variety of issues with relation to Illegal Working and Civil Penalties.

We work in accordance with the updated version of The Immigration Act which contains a wide range of measures and rules for businesses. It ensures businesses do not employ those who don’t have permission to work in the UK. However, it also prevents employers from exploiting vulnerable migrants. Additionally, the act makes illegal working a criminal offence in its own right and it’s punishable by a maximum custodial sentence of six months and/or a fine.

Important things to consider:

  • Seek legal advice as soon as possible.
  • The Immigration, Asylum and Nationality Act 2006 governs Illegal Working and Civil Penalties. It gives the Home Office the power to issue penalty notices against employers of foreign nationals who are working in the UK illegally.
  • Check your employees have a right to work in the UK and make sure their documents are valid. It’s important that you carry out the necessary checks on your employees right to work in the UK. If you don’t you will find yourself facing the consequences of civil penalties.

Support and guidance with every stage

Who are illegal workers?

Illegal workers can be;

  • students working more hours than what’s permitted and who have expired visas;
  • people who work on a visitor’s visa;
  • those overstaying their permission to stay;
  • people entering the UK illegally and have had no immigration control;
  • also, people who are legally in the UK but their right to employment, paid or unpaid, is not allowed.

How do you ensure prospective employees have the right to work in the UK?

All employers should follow a process to ensure that prospective employees have the right to work in the UK. They should obtain specific documents which establish the individual’s right to work. Additionally, they should check the validity of those documents and copy the appropriate documentation.

It’s very important to carry out these checks. However, if you don’t, you can receive a penalty by employing an illegal worker.

What are the penalties for employing illegal workers?

You may face civil penalties if you’re found guilty of employing someone who you knew or had ‘reasonable cause to believe’ didn’t have the right to work in the UK. You can receive a jail sentence of up to five years and pay an unlimited fine. Also, you can face these charges if you had reason to believe that;

  • they didn’t have leave permission to enter or remain in the UK;
  • their leave had expired;
  • they didn’t have permsision to do certain types of work;
  • their papers were incorrect or false.

Additionally, you may get a ‘referral notice’ to let you know you may have to pay a civil penalty (fine) of up to £20,000 for each illegal worker. If you’re liable you’ll have 28 days to respond to a ‘civil penalty notice’.  Also, it will provide you with information on your opportunity to object to the decision and appeal. Also, there are the commercial consequences as the Immigration Enforcement team can publish business details of those found to be employing illegal workers. If you don’t pay the penalty notice or comply with appeal deadlines you’ll be subject to enforcement action against you. Additionally, having civil penalties pending against you can have an adverse effect on your immigration status or any future immigration applications you apply for.

What services can we provide?

Our solicitors at Kidwells can assist you with appeals to civil penalties and represent you during court proceedings. Furthermore, we can help you complete the necessary ‘right to work’ checks and guide your management team through the process. This includes helping you to ensure original qualifying documents are checked and that those documents are valid in line with immigration criteria and presented with the applicant present. Finally, we’ll ensure your copies are kept and verification procedure recorded properly.

Related services

Business and Sponsorship Licence and Compliance

Business and Sponsorship Licence and Compliance

Tier 2 Visas

Tier 2 Visas

Special Offers

HR Advice Package

HR Packages

Fixed Fee

Our employment and HR specialists can provide your business with a retained service; guaranteeing you reliable advice how and when you need it
We offer three different types of retained legal support:

Claim this offer Learn more and talk to us

Business & HR Health Check

Business & HR Health Check

Free

Kidwells can save you time and potentially costly mistakes by reviewing your policies and procedures and assessing how the ever-changing areas of employment law can affect your business.

Claim this offer Learn more and talk to us

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Meet our team

Rebecca Hardy

Lawyer and Business Development Manager

“My aim is to make a difference and help bring legal services into the 21st century by not conforming to traditionalism and social status but by offering practical, commercial and Latin-free legal advice in times of need to both Businesses and Individuals.”

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Copyright 2018, Kidwells Law Solicitors Ltd.

We are authorised and regulated by the Solicitors' Regulation Authority, SRA No. 535081

Limited Company Reg No. 7199821
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