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

Businesses back elected mayor – with conditions County Hall in Lancashire

Businesses back elected mayor – with conditions

03 Sep 2026

2

Low Carbon Energy in rebrand to Activ8 Energies Activ8 Energies Team

Low Carbon Energy in rebrand to Activ8 Energies

03 Sep 2026

3

BAE Systems senior leader joins University of Cumbria Will Tudor

BAE Systems senior leader joins University of Cumbria

03 Sep 2026

4

Simon Brierley appointed chief executive at East Lancashire Chamber of Commerce Simon Brierley Ceo

Simon Brierley appointed chief executive at East Lancashire Chamber of Commerce

02 Sep 2026

5

NatWest in £300,000 investment into Blackburn branch Natwest

NatWest in £300,000 investment into Blackburn branch

01 Sep 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
LBV130 September/October Magazine Networking Event
LBV130 Magazine Launch Social720No Text 6 17 Sep 2026

LBV130 September/October Magazine Networking Event

The Beehive Blackburn, Shadsworth Business Park, BB1 2QS

08:30 - 10:30

Built Environment Conference 2026
BEC26 WW Logo720 24 Sep 2026

Built Environment Conference 2026

EG On The Move, Waterside Head Office, Blackburn, BB1 2FA

08:30 - 13:00

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

19:00 - 00:30

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

LBV131 November/December Magazine Networking Event

Lancashire

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

Chamber Breakfast Networking – September
Lancaster And Morecambe Logo 1 03 Sep 2026

Chamber Breakfast Networking – September

Soul Bowl, Morecambe, LA4 4BU

08:00 - 10:00

Mediation in the workplace: a practical guide to resolving conflict
LBV Website Events GraphicMediation In The Workplace 08 Sep 2026

Mediation in the workplace: a practical guide to resolving conflict

Online, Preston, PR1 3JG

12:00 - 12:45

Preston Tech Connection Hot Takes
LBV Website Events GraphicHot Takes In Tech 09 Sep 2026

Preston Tech Connection Hot Takes

Society1, Preston, PR1 3LT

18:00 - 19:30

Stop Wasting Time. Start Making Money
Lancaster And Morecambe Logo 1 10 Sep 2026

Stop Wasting Time. Start Making Money

Lancaster & Morecambe College, Lancaster, LA1 2TZ

08:00 - 10:00

Mind Over Mountain: Brunch at Ivory Tower
mind-over-mountain-complete.jpg.jpg 11 Sep 2026

Mind Over Mountain: Brunch at Ivory Tower

Ivory Tower, Preston, PR1 2NL

12:30 - 16:30

Fire Warden Training
14 Sep 2026

Fire Warden Training

Cleveley House Farm, Forton, PR3 1DR

09:00 - 15:00

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 LBV129 Online Graphic
Subscribe now

Weekly news bulletin