Dealing with actual or alleged illegal working

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

This issue may arise:

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

Dealing with an employee who does not have the right to work in the UK

Employers should ensure they have policies and procedures in place to minimise the potential of employing a person who does not have the right to work in the UK. However, doing so cannot completely mitigate the risk of illegal working occurring, eg where an employee ceases to have the right to work (perhaps due to a change in their personal circumstances) or where compliance systems fail.

Where an employer becomes aware that an employee potentially does not have

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