Civil Penalty 👇

🏢 1. What It Means A Civil Penalty is a substantial fine issued by the Home Office to a UK employer found to be employing an individual who does not have the legal right to work in the UK.

This is the government’s primary enforcement tool to ensure businesses comply with immigration laws. The fines are significant and are calculated per illegal worker, potentially reaching tens of thousands of pounds and causing severe financial and reputational damage to the company.

📜 2. Why a Civil Penalty is Issued A penalty is issued when an employer fails in its legal duty to prevent illegal working. This typically occurs because the business has:

• Failed to conduct the mandatory 'right to work' checks before an employee started their job.
• Conducted the right to work checks incorrectly or did not retain the necessary evidence.
• Failed to perform follow-up checks for an employee whose permission to work in the UK was time-limited.
• Was unable to provide proof of a correct right-to-work check during a Home Office inspection.
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🔑 3. How to Respond to a Civil Penalty Notice Receiving a Civil Penalty Notice requires a prompt and strategic response, as there are strict deadlines. An employer's options include:

• Establishing a Statutory Excuse: The main defence is to provide evidence that the business conducted the prescribed right-to-work checks correctly, thereby establishing a "statutory excuse."
• Objecting to the Penalty: An employer has 28 days to submit a formal objection. The objection can challenge whether they are liable at all, or it can argue for a reduction in the fine amount based on mitigating factors (e.g., cooperation with the Home Office).
• Appealing to the Court: If the objection is not successful, the employer has the right to appeal the decision at a County Court.
• Negotiating Payment: In some circumstances, it may be possible to negotiate a payment instalment plan with the Home Office.