Draft Illegal Working Penalties Code of Practice

The Home Office has released a draft code of practice regarding penalties for illegal working in the UK.

This document outlines the specified checks employers must carry out to prevent incurring a civil penalty in cases of illegal employment.

This code is currently in draft form and is scheduled to be implemented on January 22, 2024, or, if later, on the twenty-first day following its creation. The key modification involves introducing new penalty levels within the updated maximum for civil penalties applicable to employers.

• subject to immigration control; and
• aged over 16; and
• not allowed to carry out the work in question because either they have not been granted leave to enter or remain in the UK or because their leave to enter or remain in the UK:
  • is invalid;
  • has ceased to have effect (meaning it no longer applies) whether by reason of curtailment, revocation, cancellation, passage of time or otherwise; or
  • is subject to a condition preventing them from accepting the employment.

Read the Code of Practice