Published Draft Illegal Working Penalties Code of Practice
Home Office has published a draft code of practice on illegal working penalties, which sets out the prescribed checks that employers should conduct to avoid a civil penalty in the event of illegal working.
This code has been laid in draft and will come into force on 22nd January 2024 or, if later, the twenty-first day after the day on which it is made. The main change is to provide the new penalty levels within the new maximum for civil penalties for employers.
This code updates the version issued in March 2022. It is the sixth version and comes into force at the same time as the Immigration (Employment of Adults Subject to Immigration Control) (Maximum Penalty) (Amendment) Order 2023 and the Immigration (Restrictions on Employment and Residential Accommodation) (Codes of Practice) (Amendment) Order 2023.
This new version of the code should be applied to all right to work checks from 22nd January 2024 including where a follow-up check is required to maintain a statutory excuse, even if the initial check was undertaken using a previous version of the code which was current at the time.
PAYadvice.UK 22/11/2023