Increased fines for failure to check right to work in UK

SMEs (including SMPs) employing staff must check their records to be on the right side of the law

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Employers and landlords should pay strict attention to the rule requiring them to check the right to work in the UK of workers and the right to reside for lodgers/tenants respectively, as the government has announced plans to dramatically increase the civil penalties for non-compliance.

Maximum penalties for employers will triple from £15,000 to £45,000 on their first breach and from £20,000 to £60,000 for subsequent breaches.

Maximum penalties for landlords will increase from £80 per lodger to £5,000 per lodger on their first breach, and from £500 per lodger to £10,000 per lodger for subsequent breaches.

For other occupiers, maximum penalties for landlords will increase from £1,000 per occupier to £10,000 per occupier for a first breach and from £3,000 to £20,000 per occupier for subsequent breaches.

Employers and landlords should ensure they properly check the right to work or right to reside of workers or lodgers/tenants respectively, or risk having to pay substantially increased penalties.

Whilst members should inform their landlord clients of their obligations to check the right to reside for their tenants, those employing staff will also need to ensure they are undertaking these checks. Our suite of employment factsheets are available for members to use when employing staff.

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