Illegal working: dealing with employees
Produced in partnership with Ben Amunwa of The 36 Group

The following Immigration practice note produced in partnership with Ben Amunwa of The 36 Group provides comprehensive and up to date legal information covering:

  • Illegal working: dealing with employees
  • Employment status
  • Identifying a potential illegal worker
  • Dealing with a potential illegal worker
  • Find out all the relevant facts
  • During the investigation
  • Suspension of employees while the investigation is carried out
  • Following a fair procedure
  • After the investigation
  • Clear evidence of illegal working due to circumstances outside of the employer’s control
  • More...

Illegal working: dealing with employees

IP COMPLETION DAY: 11pm (GMT) on 31 December 2020 marks the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. At this point in time (referred to in UK law as ‘IP completion day’), key transitional arrangements come to an end and significant changes begin to take effect across the UK’s legal regime. This document contains guidance on subjects impacted by these changes. Before continuing your research, see Practice Note: What does IP completion day mean for Immigration?

An employer who is found to have employed a person unlawfully in the UK may be liable to civil penalties and/or criminal sanctions. For further information, see Practice Notes: Illegal working: dealing with a civil penalty and Illegal working: dealing with a criminal allegation.

In addition to civil penalties and criminal sanctions, an employer with a sponsor licence under the Points-Based System (PBS) may have its licence revoked where illegal working has been proven.

The employer may also suffer damage to its reputation, either due to being found to be employing an illegal worker or by failing to allow adequate opportunity to a person they have identified as a potential illegal worker to demonstrate their entitlement to work in the UK.

In order to minimise these risks, employers must ensure that they have thorough processes and procedures in place to

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