Civil Penalty Notices
You need professional legal advice when you receive a request for information by the Home Office or are issued with a civil penalty notice. We can act as your representative and advise you of your risk exposure. All correspondence issued by the Home Office must be taken seriously, and drafted carefully.
On 16 May 2014, the maximum civil penalty increased to £20,000. The penalty may be reduced in a number of limited circumstances which must be set out in your reply to the Home Office. The Home Office can take action against your organisation up to 2 years after the employee has left. If your organisation has carried out all appropriate checks, your fine may be reduced to nil and the Home Office will issue your company with a ‘no action notice’.
The Home Office has updated their guidance on right to work checks a number of times since the laws were introduced in 1997. It is important that you provide the information/documents relevant to the date that your employee started work and/or any follow up check which was required. If you don’t, you may be forced to pay a penalty that is not due.