Figures published by UKVI show that the value of penalties issued during the specified period in the London & South East region ranged from £10,000 up to £75,000 (the latter penalty being imposed on an Indian restaurant in Berkshire. The latest report published for the London & South East region suggests that UKVI’s target appears to be restaurants and food chains; however, the report only lists employers who have been issued with civil penalties and who have either (i) not paid the civil penalties or are not making the regular payments towards them within the prescribed timeframe after they have exhausted all of their object and/or appeal rights or (ii) they have been served with a second or further penalty once they have they have exhausted all their objection or appeal rights regardless of whether they have made any payments. Therefore, employers who have been issued with civil penalties but have paid the penalties within the required timeframe are for example excluded from the list. From our experience, we know that civil penalties are being issued in a number of other sectors so it is important to remember that the published list is not the complete picture!
The latest quarterly figures confirm that the volume and value of illegal working civil penalties has picked up considerably, with figures overtaking those at the same point last year. Although stretched resources over the past year seemed to cause a drop in enforcement against illegal working, these figures show that the issue is still a firm priority for the Home Office.
The enforcement statistics published are a useful reminder that employers should ensure that they have the correct documents in place to confirm an individual’s right to work in the UK and failure to do so could lead to enforcement action being taken against them.
The Immigration team at Bates Wells has extensive experience in advising on corporate risk in relation to suspected illegal workers and conducting immigration audits. If you would like to discuss any of the issues raised in this article, please contact Chetal Patel, a Partner in the Immigration Department.
This information is necessarily of a general nature and doesn’t constitute legal advice. This is not a substitute for formal legal advice, given in the context of full information under an engagement with Bates Wells.
All content on this page is correct as of May 29, 2019.