As of summer 2024, immigration raids are on the rise, forming part of the Labour government’s immigration strategy. According to the Home Office, an intensive week of raids took place between the 18th and 24th August, visiting businesses up and down the country suspected of employing illegal workers, with a particular focus on the Hospitality and Construction sectors but not restricted to them.
Businesses across all sectors must be aware.
The report highlights that 275 premises were targeted, and a total of 85 ‘’illegal workers’’ were detained. This strategy is made up of operations led by home secretary Yvette Cooper, who announced a new ‘’intelligence-driven’’ plan to improve border security through tackling employing illegal workers.
As a result, it is critical that businesses are aware of the penalties they could face for employing illegal workers and that the required procedures are in place. It is important to emphasise that if the Home Office can prove that you did not do the correct checks or did not do them properly, you may get a ‘referral notice’ and then could be fined up to £60,000 for each illegal worker. In February 2024 the maximum fine for employing an illegal worker was tripled to £60,000 per illegal worker.
Immigration enforcement figures reveal a care home in the Wrexham area has been fined the biggest penalty in the country (£270,000) for employing illegal workers. We would expect that figure to be beaten in the next few weeks.
Government advises on how to check a job applicant’s right to work via this link: https://www.gov.uk/check-job-applicant-right-to-work
In summary, for British and Irish citizens they do not have a share code, so you must check their physical documents yourself or use an online system called IDSP. For other nationalities, you will need their date of birth and right to work share code – this can be checked online.
If the applicant is not a British or Irish citizen, you’ll also need to check that:
- the dates for the applicant’s right to work in the UK have not expired
- the applicant has permission to do the type of work you’re offering (including any limit on the number of hours they can work)
- for students, you see evidence of their study and vacation time.
Redfern Legal operates a proactive approach to your immigration requirements and potential compliance risks. We are therefore on hand to offer ongoing advice and training. In case of a raid by the Home Office, they must have the right to enter: so ensure they have a warrant to enter unless you consent to their entry; check their ID; and ensure that they are using a proper translator to interview staff if applicable.
Please contact us for help and support email:info@redfernlegal.com
