civil penalties
Civil penalties can be particularly worrying for a business. Under the current rates, being accused of employing an illegal worker runs the risk of incurring a penalty of up to £60,000 per worker along with other risks.
Have you received a penalty? If you have received a penalty, there is a need to act quickly.
The Home Office usually gives you the opportunity to make representations as to why a penalty should be reduced or completely cancelled. It is vital that this part of the process is done correctly as it will be the first steppingstone in what could turn into a full civil trial. The initial stages of the process will be your chance to put forward evidence, reasons and explanations for your actions as to any defence you may have. SMA Solicitors will work closely with you and your business whilst advising you of the legal defences open to you or the manner in which you can cooperate with the Home Office and the civil penalty process in order to mitigate your losses.
Often, the Home Office will cancel a civil penalty or significantly reduce the amount you are charged and there will be no need to go to court. However, there are exceptions to the norm. In the event your civil penalty case does proceed to a full civil trial, your business’s reputation, finances and future could well be on the line and we understand the importance of ensuring that cases are prepared in such a way as to maximise the prospects of success by carefully considering the Immigration Rules, statutory defences and the Secretary of State’s policy and published guidance.
How SMA Law Can Help?
Our expertise extends beyond legal representation; we strive to empower individuals facing apply for a UK visa by advocating for their rights, offering strategic advice, and meticulously preparing their cases. We aim to navigate the legal complexities and provide reassurance and clarity throughout the process.
Frequently Asked Questions
A civil penalty is a fine issued by the Home Office to employers who hire someone without the legal right to work in the UK or who fail to perform proper right-to-work checks.
Penalties start at up to £45,000 per illegal worker for a first offence and can rise to £60,000 per worker for repeat breaches. Small businesses have faced fines around £40,000 after unwittingly hiring someone using false identity documents.
If the notice isn’t responded to within 28 days, the full penalty becomes payable. Persistent failure to comply may result in publication of your business’s name, further enforcement or licence risks if you hold a Sponsor Licence.
These are required checks that confirm a person has the legal right to work in the UK. Employers must obtain original documents, verify their authenticity at the point of hiring, record them securely and retain copies. Completing the checks correctly gives you a statutory excuse against liability.
If you receive a civil penalty referral or notice, seek legal advice promptly especially if you wish to present mitigating evidence, dispute the penalty or protect your business’s future right-to-employ status.
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