Huge Increase in Fines For Employing Illegal Workers – Right to Work Checks Guidance Updated

The Immigration (Employment of Adults Subject to Immigration Control) (Maximum Penalty) (Amendment) Order 2024 came into force on 13 February 2024 to triple the financial penalties for employers who negligently employ illegal workers. The Order increased the maximum penalty from £20,000 to £60,000 per illegal worker, and from £15,000 to £45,000 for a first breach within the previous three years.

The Government has also published an updated Code of Practice on preventing illegal working which took effect at the same time. Employers should follow the Code to ensure they conduct a prescribed right to work check on every employee before their employment begins. In addition to referring to the increased civil penalty for employing illegal workers, the Code now also provides more information on providing “supplementary employment” to sponsored workers.

Supplementary employment is work that a sponsored worker is eligible to carry out in addition to the job they’re sponsored for under their Certificate of Sponsorship. It’s permitted for some visa routes, including Skilled Workers, where: (1) it is for no more than 20 hours per week; (2) it is in a job on the Shortage Occupation List, or a job in the same profession and at the same professional level as the job for which their CoS was assigned; and (3) they are still working for their sponsor and the supplementary work is outside their contracted hours for the sponsored job.

The guide now clarifies what steps you should undertake to ensure right to work checks for these workers are done properly.

This article has been produced for general information purposes and further advice should be sought from a professional advisor. Please contact our Employment team at Cleaver Fulton Rankin for further advice or information.

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