Keelin McCarthy represented a small business in a successful appeal against a £45,000 civil penalty imposed for alleged employment of a person who did not have the right to work. It was accepted that, if the restaurant had employed the Malaysian national, the restaurant had not conducted the correct “right to work” checks to establish a statutory excuse. The business argued that it had never in fact employed the person.

Considering the four key elements of an employer/employee relationship set out in Autoclenz Ltd. v Belcher & Ors, HHJ Howells, sitting at Chester County Court, heard full evidence and gave judgment that the Home Office had failed to discharge the evidential burden on it to show that the person was “employed.” The appeal was allowed, penalty discharged, and costs awarded to the restaurant.

Keelin was instructed by Angel Wan at Lisa’s Law Solicitors.

Our experienced business immigration barristers have seen a big increase in civil penalty and sponsor licensing instructions since civil penalties were tripled to a potential £60,000 per employee in February 2024.