Right to Work. Is your business at risk?

Right to work documents

400% increase in Home Office issued fines shows importance of Right to Work checks.

The latest Home Office report confirms that £7.8 million in civil penalties was issued to businesses employing individuals who do not have the right to work in the UK or are working in breach of their conditions of stay over a 2 month period (between 1 October 2018 and 31 December 2018).

The most common reason provided for the issue of a civil penalty was due to employers failing to conduct the necessary Right to Work checks and failing to retain the required documents.

Businesses issued with civil penalties can face a number of serious consequences including having to pay £20k per illegal worker, criminal sanctions, disqualification of company directors, loss of PBS sponsor licence and reputation harm due to the Home Office publicising the names of the businesses who have been issued civil penalties.

Businesses that receive a Civil Penalty Notice from the Home Office may consider challenging the same to limit the impacts on the business. Legal advice should be sought immediately on the merits of challenging the penalty as there is a 28 day deadline to respond to the notice.

Putting in place preventative measures is the most effective way for businesses to avoid civil penalties and here at OTB Legal we can advise and assist businesses with the Right to Work checks to ensure that you are compliant.

If your business has been issued with a Civil Penalty Notice, please contact us for a free, no obligation initial meeting so that we can advise you on the merits of challenging the same. We can assist you with completing your Objection Form and prepare detailed written arguments on your behalf, supported with documentary evidence, to challenge the notice.