On Tuesday, 21 October, Allan Briddock and Keelin McCarthy will discuss the civil penalty regime. These penalties have risen since April 2024 to a maximum of £60,000 per worker, potentially devastating small businesses. Recent Home Office figures also show a big rise in the imposition of civil penalties since 2024.

Keelin will set out the civil penalty regime, explaining how employers can establish a statutory excuse, and how to appeal if a civil penalty is maintained at the objection notice stage. She will examine common issues, including (i) whether a business has “employed” a person, (ii) burden of proof, (iii) transfer of employees under TUPE and (iv) whether the court has jurisdiction to lower a civil penalty.

Allan will focus on the proposals set out in the Border Security, Immigration and Asylum Bill 2025, currently going through Parliament, for a wide expansion of the civil penalties regime to catch new categories, including agency workers, workers in the gig economy, casual and temporary workers, individual sub-contractors and online matching services.

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