01/02/2024

On 23 January 2024, Home Office issued its Updated Code of practice on preventing illegal working: Right to Work Scheme for employers which comes into force on 13 February 2024. This is the sixth version of the Code updating the previous version issued in March 2022.

The Code applies to all:

• Right to work checks from 13 February 2024 and;
• Any follow up check (even if the initial check was done under a previous version of Code)

Importantly it confirms that the increased civil penalties (which will triple) will come into force from 13 February 2024.  These increased civil penalties apply if employers employ persons without the appropriate immigration permission in UK. The increases are:

• From cap of £15,000 per illegal worker (for the first breach) to £45,000 per illegal worker
• From cap of £20,000 per illegal worker (for repeat breaches) to £60,000 per illegal worker.

Following, conducting right to work checks in compliance with the Code provides employers with a statutory excuse against employ persons without the appropriate immigration permission in UK and avoids liability for payment of these penalties.

Organisations should be aware the requirement to conduct right to work checks only applies if employment commenced on or after 29 February 2008.

The Code applies throughout to Northern Ireland as well as the rest of the United Kingdom.