Dealing with actual or alleged illegal working

FORTHCOMING CHANGE: This sub-topic will be affected by the coming into force of section 48 of the Border Security, Asylum and Immigration Act 2025. This measure will extend the scope of the right to work regime from 1 October 2026 to persons engaged under worker contracts, individual sub-contractors and online matching services. It will also extend potential liability up contractual chains. See News Analysis:Extended scope of the right to work regime: how will it work in practice?

Employers may need to deal with actual or alleged illegal working in the course of their business.

This issue may arise:

1. •

   at the time an employee is identified by the employer as a person who may not have the right to work in the UK, or

2. •

   when an employer is issued with a civil penalty notice or becomes the subject of criminal proceedings relating to an illegal working offence