What is the maximum fine for not doing right-to-work checks?

The maximum civil penalty is up to 60,000 pounds per illegal worker. This applies to employers who have not conducted a proper right-to-work check and are found to be employing someone without the right to work in the UK.

Can employers go to prison for hiring illegal workers?

Yes. Knowingly employing someone without the right to work is a criminal offence punishable by up to 5 years in prison and an unlimited fine. Criminal prosecution is reserved for the most serious cases where the employer knew or had reason to believe the worker was not permitted to work.

How can I avoid right-to-work penalties?

Conduct a compliant right-to-work check for every employee before they start work. This establishes a statutory excuse. Follow the Home Office guidance on document checks or online verification, keep records, and conduct follow-up checks for time-limited permissions.

Can I appeal a civil penalty for illegal working?

Yes. You can object to the penalty by writing to the Home Office within 28 days. If the objection is unsuccessful, you can appeal to the county court. Grounds for objection include that a compliant check was conducted or that the person did in fact have the right to work.

Right-to-Work Check Penalties: What Employers Risk in 2026

Civil penalties for employing illegal workers can reach 60,000 pounds per worker. Criminal sanctions include up to 5 years imprisonment. Conducting compliant right-to-work checks before employment begins is the only way to establish a statutory excuse.

The Penalty Framework

The UK government uses a tiered penalty system to enforce illegal working prevention. There are two levels of liability:

Civil penalties: Fines imposed without the need for criminal prosecution. These apply when an employer has not conducted a compliant right-to-work check and the worker is found to be working illegally.
Criminal sanctions: Prosecution for employers who knowingly employ someone without the right to work. This carries imprisonment and unlimited fines.

Civil Penalty Amounts

As of 2026, civil penalty amounts are:

First offence: Up to 45,000 pounds per illegal worker.
Repeat offence: Up to 60,000 pounds per illegal worker.

These figures were increased significantly in recent years. The penalty level for a specific case depends on factors including the size of the employer, whether any mitigating actions were taken, and the employer's history of compliance.

How Penalties Are Calculated

The Home Office considers several factors when setting the penalty amount:

Whether the employer reported the suspected illegal worker to the Home Office
Whether the employer cooperated with the investigation
Whether the employer has an effective system for preventing illegal working
Whether this is a first or repeat offence
The number of illegal workers found

An employer who actively cooperated and had partial systems in place (but made an error) may receive a lower penalty than one who took no steps at all.

The Statutory Excuse

The only way to protect yourself from civil penalties is to establish a statutory excuse by conducting a compliant right-to-work check. This means:

Checking the employee's documents or share code before they start work.
Following the correct checking procedure (manual document check, online check, or IDVT).
Keeping copies of documents and recording the date of the check.
Conducting follow-up checks before any time-limited permission expires.

If you did all of this correctly and a worker is later found to be working illegally, you will not receive a civil penalty. See the employer's guide on GOV.UK for the detailed procedure.

Criminal Prosecution

Criminal prosecution is reserved for cases where the employer knew or had reasonable cause to believe that the worker was not permitted to work. Indicators that may lead to prosecution include:

The employer had been warned about the worker's status
The employer previously received a civil penalty
The employer ignored obvious signs that documents were fraudulent
The employment appeared to be part of a wider exploitation scheme

Impact on Sponsor Licence

If you hold a sponsor licence, a civil penalty for illegal working is particularly serious. It can lead to:

Downgrading from A-rated to B-rated status
Suspension of your licence
Revocation of your licence

Losing your sponsor licence affects all your sponsored workers, who would need to find new sponsors or leave the UK.

Objecting to a Penalty

If you receive a civil penalty notice, you have 28 days to object. You can object on the grounds that:

You did conduct a compliant right-to-work check
The person did have the right to work
The penalty amount is disproportionate

If your objection is rejected, you can appeal to the county court. Take legal advice before objecting or appealing.

Next Steps

Review your right-to-work checking processes to ensure full compliance. Train all staff involved in recruitment. If you have received a penalty notice, seek legal advice immediately.

Related guides:

Right-to-Work Check Penalties: What UK Employers Face