FOI release

Civil penalty Notifications of Liability issued to employers of illegal workers.

Published 10 October 2013

FOI release 28768

The current measures in place to tackle illegal working were introduced by the Immigration, Asylum and Nationality Act 2006 and came into effect for those employed on, or after 29 February 2008. This Act brought in a system of civil penalties designed to encourage employers to comply with their legal obligations, without criminalising those who are less than diligent in operating their recruitment and employment practices. Under this legislation, employers can face liability for a civil penalty of up to £10,000 for every illegal worker found.

Below are details of the number of civil penalty Notifications of Liability issued to employers of illegal workers. Summary of penalties served and monies collected over five financial years.

Financial Year Number of penalties issued to employers Total value of penalties issued at initial stage
2008-2009 1722 £16,715,000
2009-2010 2339 £23,223,700
2010-2011 1898 £17,147,500
2011-2012 1341 £11,375,000
2012-2013 1270 £10,843,750

To Note: The figures provided are sourced from a Home Office management information system which is not quality assured under National Statistics protocols and is subject to change due to internal data quality checking. Figures provided from this source do not constitute part of National Statistics and should be treated as provisional.

The information provided above relates to initial penalties served and their values. These are subject to change as penalties may be reduced or cancelled after consideration of objection and/or an appeal. Therefore the value of collectable penalties is subject to change.

Under the civil penalty regime employers have the right to submit grounds of objection against the imposition of the penalty within 28 working days and also have the opportunity to lodge an appeal against the penalty decision to a County Court. The objection and appeal process provide employers with the opportunity to submit evidence which was not available during the visit to the premises and at the time the case was considered by the Civil Penalty Compliance Team.