Under the ‘right to work’ rules, employers have to check that job applicants have the legal right to work in the UK before employing them.

In an attempt to crack down on illegal working, a recent Government announcement sets out that, from the start of 2024, the fines which employers have to pay for right to work failures will be tripled.  The new fines will be:

• £45,000 per illegal worker for a first breach.
• Up to £60,000 for repeat breaches.

The fines for landlords who fail to check the immigration status of tenants will also be increased at the same time.

In addition, later this year, the Home Office will consult on options to strengthen action against licensed businesses who employ illegal workers.

The best defence against a right to work penalty is for employers and landlords to ensure they carry out the relevant checks. There are a number of ways to do this, including using the Home Office online checking system, which should only take five minutes. You can access this system and get more information on right to work checks and employers’ responsibilities on GOV.UK.

 

This article reflects the position at the date of publication (14 September 2023). If you are reading this at a later date you are advised to check that that position has not changed in the time since.

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