One of the main powers the Home Office has to tackle illegal working is the authority to issue Information Requests to employers suspected of employing illegal workers without proper identity checks. This is the first step in the process which could end up with a civil penalty notice of up to £20,000 per illegal worker. Never be tempted to ignore these requests when they arrive, as supplying the information the Home Office ask for may mean a reduced penalty, or no penalty at all. In 2022, Immigration Enforcement data shows nearly 1,000 penalties were issued, costing employers a total of £16 million.

Consequences of Civil Penalties

Civil penalties don’t just have financial consequences for employers. They also include the risk of losing a sponsor licence for employers who employ overseas workers. Workers might have to reapply for their right to stay in the UK, or in the worst cases, be forced to leave. The Home Office publishes details of fines, leading to negative press coverage and reputational damage.

What is An Information Request from the Home Office?

Any information request from the Home Office in terms of Right to Work checks will follow a standard format and will always ask for:

• Company details, including business owner or director information.
• Names and details of suspected illegal workers.
• Confirmation of completion and timing of right to work checks.
• Reports made by the employer if illegal working was suspected.
• Any supporting documentary evidence.

What Should We Do When We Receive a Request?

If you get a request for information from the Home Office, there are some key steps any business owner needs to take. The first is to seek independent advice from your legal team or immigration expert.

Always cooperate fully with the Home Office, as even if you are found guilty, working with them can see £5000 knocked off any fine. Cooperation means quick response to questions, giving them any paperwork they ask for, and allowing inspectors into your business to look at records. Audit your own records to see if there is any basis in the Home Office claims, by making sure you have records of proper Right to Work checks done before someone started work, and then again on a regular basis. If you have used a third-party company to manage your recruitment and pre-employment screening, ask them to supply the information they have. If it can be proven that a third-party company has been negligent, then you may be able to argue for a further reduction in fine, or to have it cancelled entirely.

If you are confident that your organisation has done everything possible to guard against employing illegal workers, then you have nothing to fear from a Home Office check. Keep up to date with any changes in legislation which may affect your organisation and get legal advice from experts or from the Home Office if you are unsure about the process for checking, or the record keeping after the checks are done.