Squire Sanders' Response to UK Home Office Consultation on the Prevention of Illegal Working

    View Authors September 2013

    As announced in our client alert on 17 July 2013, the Home Office recently ran a public consultation regarding measures currently under consideration to reform the civil penalty scheme to prevent illegal working.

    To re-cap, the key proposals were as follows:

    • an increase in the maximum penalty from £10,000 to £20,000 per illegal worker, with the maximum fine being imposed on employers which have received a civil penalty in the past
    • simplifying the way civil penalties are calculated
    • simplifying the way unpaid penalties can be enforced in the courts
    • measures to allow recovery of a civil penalty from directors and partners of limited liability businesses following failure to pay by the business
    • reducing the number of documents an employer needs to check to establish a right to work
    • replacing annual follow-up checks for non-EEA nationals with checks to coincide with the expiry of permission to be in the country
    • simplifying the operation of the right to work process and associated guidance for employers

    The consultation period ran from 9 July until 20 August 2013 and we are grateful to all the contacts and clients who responded to us with suggested feedback for our response.

    Key highlights and more details of our response are summarised in this publication.