Illegal working fines of £2.9 million issued in three months

In a three month period between 1^st July 2011 to 30^th September 2011, the UK Border Agency (UKBA) issued civil penalties to employers amounting to £2,934,500. The total amount of fines may reduce if employers bring successful appeals or challenges to the fines imposed.

The fines related to 560 illegal workers but the UKBA only issued 342 civil penalties as some employers would have had a defence by having appropriate right to work procedures in place. The total amount of fines could have been as high as £5.6 million if no procedures were in place, highlighting the importance of getting right to work procedures implemented and kept up to date.

The UKBA have indicated that they are increasing resources on compliance in 2012 which is likely to result in more immigration visits and subsequently more fines issued. The results are visible;

• 8^th June 2012, the UKBA reported 12 illegal workers had been found following two immigration visits.
• 6^th June 2012, the UKBA reports 6 illegal workers detained following visits to two locations
• 29^th May 2012, the UKBA reported 7 arrests of immigration offenders

Last week, the UKBA issued updated guidance for employers on preventing illegal working. The guidance shows how employers can protect themselves through appropriate right to work checks.

Clarkslegal’s business immigration team provides further assistance to employers by providing regular face to face training to Human Resources teams, providing employers with up to date checklists, carrying out periodical spot checks and full UKBA style audits.