![]() ![]() For example, for a first breach in a three-year period the civil penalty would start at £15,000 and may then be reduced if any mitigating factors apply. ![]() The Home Office apply a sliding scale that takes into account the employer’s compliance record as well as any mitigating factors. The amount of civil penalty due will depend on a number of factors such as whether the employer has been found to be employing workers illegally in the past and whether the employer generally complies with their duties to prevent illegal working. The Civil Penalty Notice will outline how much the employer must pay and the date by which it must be paid along with how they can object to the Civil Penalty Notice. As a result of this process the employer may receive one of the following notices:Ī Civil Penalty Notice will be issued when the Home Office believes an employer is liable for a civil penalty for employing one or more individuals who do not have the right to work in the UK or who are working in breach of their conditions of stay. If Home Office officials determine that the correct right to work checks were not carried out, the employer may be issued with a ‘Referral Notice’ which means their case will be sent to the Home Office for further consideration. Civil penalties are issued by the Home Office once they have discovered that an employer is employing a person who does not have permission to work in the UK.Įmployers can avoid liability for a civil penalty if the correct right to work checks were carried out before the individual commenced employment. Employers found to be employing individuals who do not have the right to work in the UK risk receiving a civil penalty of up to £20,000 per worker.Ī civil penalty is a fine that can be imposed under the prevention of illegal working legislation. ![]()
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