Right to Work Compliance and Civil Penalties
Under the Code of Practice on Preventing Illegal Working: Right to Work Scheme for Employers, businesses face civil penalties of up to £60,000 per worker for employing individuals who:
- Do not have the right to work in the UK, or
- Are working in breach of their visa conditions.
With the UK Government’s plans to extend the Civil Penalty Scheme to cover not just employees, but also contractors and other workers, it is more important than ever for employers to ensure they are fully compliant with right to work requirements.
Even minor errors in right to work checks can lead to maximum fines. To avoid these penalties, employers must conduct checks in strict accordance with the Code of Practice — correctly, thoroughly, and consistently.
At One Pump Court, our specialist immigration team has extensive experience in advising and representing employers on Civil Penalty matters, including:
- Complex right to work compliance issues
- How to avoid the risk of penalties
- Responding to visits by immigration enforcement officers
- Challenging Civil Penalties already issued
We have successfully challenged many penalties for our clients by:
- Assisting with the ‘Objection Reasons’ – the first stage in contesting a penalty
- Representing clients in County Court appeals
Our team offers a holistic and realistic approach to litigation. We assess each case with consideration of related areas, including:
- Employment law
- Anti-discrimination legislation
We are instructed by a wide range of specialist solicitors acting for employers, and many of our team members are registered for Direct Access — meaning employers can instruct us directly, without going through a solicitor.