HR advice: Penalties for employing illegal workers increased

By Lancashire Business View

15 Feb 2017

2016 saw a raft of director disqualifications as a result of businesses illegally employing workers who are not eligible to work within the UK.

By Christine Hart, employment solicitor, KBL Solicitors.

In September, a director of Weymouth Tandoori was disqualified from acting as a director of a company or from being involved in the promotion, formation or management of a company for six years. This sanction, along with a hefty fine, was imposed as a result of the business employing two illegal workers.

Similarly, the director of Eurolinen UK was disqualified from acting as a director for a period of six years and ordered to pay a civil penalty of £15,000. This was imposed as a result of the business employing three illegal workers.

The Immigration Act 2016 received Royal Assent on 12 May 2016, and it is currently possible to impose both criminal and civil sanctions on employers.

The current maximum civil penalty that can be imposed is £20,000 for each individual who does not have the right to work in the UK. This will usually be coupled with a disqualification period as in the examples above.

As of July 2016, in circumstances where an employer has knowingly employed an illegal worker, the maximum criminal sanction is imprisonment for up to five years. Employers are able to effectively excuse themselves from both civil and criminal prosecution if a three step check process is followed:-

Obtain the employee’s original identification documents as prescribed in the Home Office guidance Check in the presence of the employee that the documents are original and valid Copy and keep the documents securely and diarise the date of the check and date for follow-up checks It is recommended that the above checks are carried out every 12 months for employees who do not have a permanent right to work in the UK. Given the significant implications of failing to follow out the correct identity checks, KBL Solicitors recommends that employers seek legal advice in circumstances where an employer is at all worried about the status of an employee.

Latest news

1

Three in a row for Lancaster accountants at national awards The Team At Ics Celebrating Their Win

Three in a row for Lancaster accountants at national awards

15 Oct 2026

2

Victorian Plumbing records 11 per cent revenue increase Victorian Plumbing staff

Victorian Plumbing records 11 per cent revenue increase

15 Oct 2026

3

Preparation matters for MTD changes Bilal Piperdy

Preparation matters for MTD changes

15 Oct 2026

4

Training for scheme to boost number of women in technology Aerial photo of Lancaster University Campus

Training for scheme to boost number of women in technology

15 Oct 2026

5

Warden wins contract for Manchester Christmas Markets Warden Three Year Christmas Markets Resized

Warden wins contract for Manchester Christmas Markets

14 Oct 2026

Background image for hub sign up block

LBV Hub

Leverage Lancashire Business View platforms

Post your news
Post your events
Post your offers
Build your network
Improve your SEO
Gain coverage in the magazine
Sign-up
Events
All In One Network
LBV Website Events GraphicAll In One Network 15 Oct 2026

All In One Network

The Leisure Box, Northlight, Glen Way, Brierfield , BB9 5NH

14:00 - 16:00

Sub36 Awards 2026
Sub36 WW Logo720 16 Oct 2026

Sub36 Awards 2026

Park Hall Hotel & Spa, Chorley, PR7 5LP

18:30 - 00:30

LBV131 November/December Magazine Networking Event
LBV131 Magazine Launch Social720No Text 19 Nov 2026

LBV131 November/December Magazine Networking Event

The Landmark, School Lane, Burnley, BB11 1UF

08:30 - 10:30

Lancashire Business Day 2026
LBD26 WW Logo720 27 Nov 2026

Lancashire Business Day 2026

Burnley Football Club, BB10 4BX

12:00 - 17:00

Help to Grow: Management Course
Help To Grow 25 Sep 2026 - 15 Dec 2026

Help to Grow: Management Course

University of Lancashire, Preston, PR1 2HE

09:30 - 12:00

The Business Network Central and East Lancashire
LBV Website Events GraphicBusiness Network 2 15 Oct 2026 - 15 Oct 2026

The Business Network Central and East Lancashire

Mytton Fold, Langho, BB6 8AB

11:30 - 14:15

Seriun Cyber Security Conference
Seriun 15 Oct 2026

Seriun Cyber Security Conference

Turf Moor, Burnley, BB10 4BX.

09:00 - 13:30

Preston Tech Connection Coworking Day
PTC Coworking Day long banner Oct.png.png 15 Oct 2026

Preston Tech Connection Coworking Day

Society1, 9-10 Cross Street, Preston, PR1 3LT

09:00 - 17:00

Blackburn Darwen Youth Zone Annual Quiz
BDYZ Quiz 15 Oct 2026

Blackburn Darwen Youth Zone Annual Quiz

Accrington Stanley FC, Accrington, BB5 5BX

17:00 - 13:46

Chamber Business Lunch with Leanne Lucas, Founder of Let’s Be Blunt CIC
Lancaster And Morecambe Logo 1 16 Oct 2026

Chamber Business Lunch with Leanne Lucas, Founder of Let’s Be Blunt CIC

Lancaster Golf Club, Lancaster, LA2 0AJ

11:00 - 14:00

Building Brands (and workplaces) That Are Accessible For Everyone
Wyqfi3-wowjag-heczop.jpg.jpg 16 Oct 2026

Building Brands (and workplaces) That Are Accessible For Everyone

Neuro Spark Training Solutions, Burnley , BB11 2AS

09:30 - 16:00

St Catherine's Skydive, October
Skydive 17 Oct 2026

St Catherine's Skydive, October

Black Knight Parachute Centre, Lancaster, LA2 0DY

09:00 - 17:00

Advertise with us

Reaching 50,000 members, our print, digital and event platforms offer a fantastic way to raise your business profile and help you grow.

Find out more LBV130 Online GraphicWebsite
Subscribe now

Weekly news bulletin