DavidsonMorris, a firm of specialist immigration solicitors, offers this advice:
Under the Home Office regime for the Prevention of Illegal Working, UK employers are under a duty to check the right to work status of all of their employees.
Breaching these duties can result in a civil penalty for illegal employment under the UK Immigration Act (Immigration, Asylum and Nationality Act 2006), with fines of up to £20,000 per illegal worker, risk of reputational damage and, in some cases, even imprisonment.
If you are served a civil penalty notice for illegal employment, you should give serious consideration to making an appeal, either to lessen the fine or to challenge it altogether.
Employers need to act quickly and decisively however, due to the time limitations and strict protocols of the appeal process.
You will also be expected to take remedial action to address the cause of the complaint.
Challenging a civil penalty notice for illegal working
To challenge the Home Office decision, the first stage is to make a written submission under one of three heads of appeal:
- Your business is not liable because you did not employ an illegal worker;
- Your business did perform the required documentation checks on the illegal employee and therefore has a statutory excuse; or
- The penalty is too high because mitigating factors were not properly taken into account.
The submission requires thorough preparation, including detailed supporting documentation and evidence.
It is also common as part of the appeal process to receive an inspection visit from the Home Office. Effective preparation will help ensure cooperation and provide necessary visibility and access to requested documentation during the visit, which counts in your favour.
If the decision remains unfavourable, there is further recourse to appeal to the County Court, for a full hearing.
The most effective approach to challenge a civil penalty for illegal employment is to have a strategy in place from the outset of the appeal.
By following the civil penalty appeals process accurately while conveying the case for challenge in the strongest possible light, you can maximise your chances of achieving a favourable outcome.
If you are facing a Home Office fine for illegal employment, the first step should be to seek professional advice on the merits of appealing your case. If you choose to defend the civil penalty, careful navigation of the appeals process will be critical.
DavidsonMorris is a specialist firm of immigration solicitors based in Cambridge, London and Aberdeen.
On 19 September we will be holding a business immigration seminar for employers, where we will be discussing compliance issues such as civil penalties. Click for more information or to book your place.
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