Businesses found employing workers illegally can face a Civil Penalty under the Immigration Act. This fine, issued by the Home Office, can result in a liability of up to £60,000 per unlawfully employed migrant worker.
If your business has received a Civil Penalty Notice, seeking expert legal advice is crucial. At Ash Norton Solicitors, we specialize in providing clear guidance and support to organizations facing Civil Penalties, with a proven history of successfully challenging fines imposed by the Home Office.
Contact our expert solicitors today to dispute or avoid a Civil Penalty Notice.
Civil Penalties Under the Immigration Act: The Law
Civil Penalties are imposed under the Prevention of Illegal Working legislation. Businesses found employing individuals without the legal right to work in the UK can face fines of up to £60,000 per breach.
To avoid penalties, businesses must conduct proper right-to-work checks for all employees. Failing to do so can lead to further Home Office investigations and, potentially, one of the following outcomes:
- Civil Penalty Notice: Specifies the fine to be paid.
- Warning Notice: A formal warning with no financial penalty.
- No Action Notice: Indicates no further action will be taken.
Serious or repeated breaches could result in additional consequences, such as the suspension or revocation of a sponsor licence for businesses employing migrant workers under the Skilled Worker Visa program.
Implications of a Civil Penalty Notice
Receiving a Civil Penalty Notice can have severe consequences for your business:
- Financial Burden: Fines can reach up to £60,000 per illegal employee.
- Criminal Liability: Persistent breaches can lead to prosecution and imprisonment.
- Reputational Damage: Inclusion on the Home Office’s civil penalty offender list can harm your business’s standing.
- Licence Suspension or Revocation: Businesses with a sponsor licence risk losing it.
- Director Disqualification: Company directors may face legal action.
The penalty amount depends on mitigating factors such as:
- Reporting suspicions about an employee’s right to work to the Home Office.
- Demonstrating proactive cooperation during investigations.
- Maintaining effective and compliant right-to-work practices.
If sufficient evidence of compliance is provided, the Civil Penalty may be downgraded to a Warning Notice, with no payment required.
What Are Your Options?
If you have been served with a Civil Penalty Notice, you may be able to challenge the fine. However, the appeals process is time-sensitive and requires specialized knowledge.
To dispute a Civil Penalty, businesses must file an Objection Form with the Home Office within 28 days of receiving the Notice. Grounds for objection include errors in the information relied upon by the Home Office. Supporting evidence should accompany the objection.
Possible outcomes of an objection include:
- Downgrading to a Warning Notice.
- Reduction of the penalty.
- Upholding or increasing the penalty.
- Cancellation of the penalty.
If the objection is denied, businesses can appeal to the County Court, but this must also be done within 28 days of the decision.
How We Can Help
If your business has received a Civil Penalty Notice under the Immigration Act, it’s vital to act quickly and seek expert legal assistance.
Our experienced immigration lawyers offer clear, straightforward guidance to protect your business interests. With extensive experience in challenging Home Office decisions, we have successfully represented numerous clients in courts and tribunals.
We can help you:
- Navigate the objection and appeal processes.
- Satisfy the requirements for a statutory excuse.
- Protect your sponsor licence and reputation.
For help dealing with a Civil Penalty Notice, contact our team today by calling (+44) 207 629 3633 or by emailing info@ashnorton-solicitors.com.
FAQs
1. What is a Civil Penalty under the Immigration Act?
A Civil Penalty is a fine imposed by the Home Office on businesses found to have employed individuals who do not have the legal right to work in the UK. The penalty can reach up to £60,000 per illegal worker, depending on the severity of the breach.
2. How can I avoid receiving a Civil Penalty?
To avoid a Civil Penalty, businesses must conduct right-to-work checks for all employees before hiring. Ensuring compliance with Home Office guidelines, reporting suspicions promptly, and cooperating during investigations are key steps to mitigate risks.
3. Can I challenge a Civil Penalty Notice?
Yes, you can challenge a Civil Penalty Notice by filing an Objection Form with the Home Office within 28 days of receiving the Notice. Valid grounds include errors in the Home Office’s information or proof of compliant right-to-work practices. Supporting evidence must be provided.
4. What happens if my objection is denied?
If your objection is denied, you can appeal to the County Court within 28 days of the decision. This process allows you to contest the penalty further, but professional legal assistance is highly recommended for a successful appeal.
5. What are the consequences of failing to pay a Civil Penalty?
Failure to pay a Civil Penalty can lead to serious consequences, including:
- Legal enforcement to recover the penalty.
- Revocation of your business’s sponsor licence.
- Inclusion on the Home Office’s civil penalty offender list.
- Reputational damage and potential criminal liability.
Seeking immediate legal advice is critical to address the issue effectively.
