Immigration legislation states that an employer can be issued with a maximum penalty of up to £20,000 per illegal worker. The UKBA have also stated that from June 2008 any business which has been fined will be named and hence shamed on the UK Border Agency Website.

However it needs to be borne in mind that when the UKBA is considering imposing civil penalties upon employers, it needs to act in accordance with a specific code of practice. When sensibly advised, employers can put forward a number of objections to a Penalty Notice which can have the effect of reducing the Civil Penalty. The employer also has the option of appealing to the County Court.

Obtaining specialist advice at the earliest opportunity can be critical to any employer who has been issued with a Civil Penalty Notice in order that appropriate representations can be made putting forward all relevant facts.

Gross & Co offers such specialist advice in defence of employers. Please contact Sohan Sidhu or Graeme Kirk.

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