Guidance

Civil penalty scheme for illegal working: code of practice, 2014

How the Home Office decides an employer's illegal-working fine (or civil penalty) for giving a job to an illegal worker.

This publication was withdrawn on

This archived document was superseded by Illegal working penalties: codes of practice for employers, 2019.

Documents

Code of practice on preventing illegal working: civil penalty scheme for employers

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Details

Because of coronavirus (COVID-19) there are temporary changes to the way you can check documents. Read guidance about the adjusted process, including asking for documents digitally, making checks on a video call, and what to do if someone cannot provide any accepted documents.

Employers must prevent illegal working in the UK by carrying out document checks on people before employing them to make sure they are allowed to work. This code of practice sets out the factors that the Home Office takes into account in deciding illegal-working fines (also known as civil penalties) for those employing people who don’t have the right to work in the UK.

You can also read our quick guide to checking a job applicant’s right to work documents.

Check if someone can work in the UK using our quick answer tool.

If you’re reasonably satisfied that the worker has an outstanding application with the Home Office that was made before their previous leave expired or has an outstanding appeal against a Home Office decision, you can get a Positive Verification Notice from the Employer Checking Service.

Published 16 May 2014
Last updated 6 April 2020 + show all updates
  1. Because of coronavirus (COVID-19) there are temporary changes to the way you can check documents. Added a link to guidance about the adjusted process.

  2. added link to new online Employer Checking Service tool

  3. First published.