Posted Tuesday 14th November 2023
Employers and landlords will face greater penalties for failure to complete adequate checks on prospective employees or tenants from January 2024, with civil penalties set to triple in the new year.
Employers found to be hiring illegal workers are currently subject to civil penalties of up to £15,000 for a first breach or £20,000 for repeat breaches. This is due to increase to up to £45,000 for first breaches and £60,000 for repeat breaches when the new penalties take effect.
Landlords will see penalties increase for first breaches from up to £80 per lodger, and £1,000 per occupier, to up to £5,000 per lodger and £10,000 per occupier. For repeat breaches, landlords currently face penalties of up to £500 per lodger and £3,000 per occupier; this will increase to up to £10,000 per lodger and £20,000 per occupier.
Employers and landlords are strongly encouraged to review their obligations in the run up to these new penalties and ensure that they are conducting the necessary checks correctly, which includes keeping tabs on when follow-up checks may be due and retaining a record of the relevant checks for the correct period of time.
Our immigration team can offer advice on the complex circumstances that can arise when conducting right to work or rent checks, as well as general training for employers and staff on their obligations and best practice when conducting right to work checks.
This article is for reference purposes only. It does not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking or deciding not to take any action.
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