Civil Penalty
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Civil Penalty Under UK Immigration Act
A Civil Penalty Notice can damage your organisation’s reputational image, which can lead to financial damage. The media can become aware of such notices which can further harm your reputation, resulting in declining client numbers and your ability to attract talented staff.
Section 15
Under Section 15 of the Immigration, Asylum and Nationality Act 2006, all organisations in the UK must carry out Right to Work checks on employees to ensure that they have permission to work in the UK. Immigration Enforcement also have the power to publish your business details to deter other businesses from employing illegal workers.
At Axis Solicitors our expert team will assist you to minimise the damage caused by a Civil Penalty Notice.
Why Are Civil Penalty Notice Issued?
Civil Penalty Notices are designed to protect the UK’s labour market by penalising those employers who contravene UK immigration laws by employing illegal migrants. Employers exploit illegal workers, by paying them poorly. The Civil Penalty regime is also in place to penalise those employers who have failed to carry out right to work checks on employees, thereby inadvertently employing illegal worker.
How Much Is The Fine For Employing An Illegal Worker?
The fine for employing an illegal worker could be £20,000 per illegal worker. Business owners who knowingly employ someone who does not have a right to work in the UK, could face five years’ imprisonment and unlimited fines.
How Can A Civil Penalty Notice Be Challenged?
Business owners who receive a Civil Penalty Notice, are given a period of 28 days to respond to the Notice. You have three options:
- Make representations against the Civil Penalty.
- You can accept the fine and we can request the Home Office to set up an instalment plan, allowing you to pay the fees in full.
- Or you can accept the penalty and pay the fine in full.
A notice can be challenged on several grounds:
- Employer has a ‘statutory excuse’- i.e. the employer carried out Right to Work checks on the employee.
- The employer reported the illegal workers in the Notice to the Home Office.
- Mitigating factors were not considered by the Home Office, such as no previous breach of sponsor licence.
- The people named in the notice do not work for the employer.
- The Home Office acted outside its powers.
To find out more about how we can assist you with the Civil Penalty Notice, please contact our offices on 0333 016 5270 or complete our Online enquiry form to make an appointment.
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