Could "record breaking" enforcement raids signal Home Office clampdown on immigration compliance?

On 15 June 2023, a flurry of 159 Home Office enforcement visits found 105 illegal workers at commercial premises across the UK.  Should UK employers take this as a herald of the return to pre-March 2020 levels of immigration enforcement action?

The visits last week follow a notable ramp-up to 1,303 Home Office enforcement visits conducted in Q1 2023. This was a remarkable 57% increase on Q1 2022.

Home Office enforcement action is not new, and before 2020 several high-profile raids of household names identified large numbers of illegal workers, particularly in the hospitality sector.  During the years of the Pandemic, this action dropped notably and sponsor compliance visits in particular were vastly reduced in number.  This year's increased activity suggests that there is renewed appetite at the Home Office for rooting out illegal working.  Employers must be wary of their duty to check the Right to Work of all employees or risk a civil penalty of £20,000 per illegal worker.

The Home Secretary sought to frame last week's raids in the light of channel crossings and the prevention of the organised crime rings that support an alleged "black market" for illegal jobs in the UK. Of the 105 illegal workers, 40 were detained pending removal from the UK and the remainder were granted immigration bail.  

The prevention of illegal working is an obligation on all UK employers in all sectors. Notwithstanding the £20,000 civil penalty, illegal working in some circumstances could even lead to criminal liability where an employer knows or ought reasonably to have known that someone did not have the right to work in the UK.  This shows the need for robust compliance policies and procedures that can protect not just the business but also responsible people who may be in line for criminal liability.

Employers would be wise to review their Right to Work policies and procedures. This especially applies to high-risk sectors including hospitality and retail.  Even so, all employers should consider taking stock of their Right to Work compliance position in anticipation of the Home Office's gaze returning to sponsor licence holders and lower-risk industries.

Over 100 arrested in record breaking illegal working crackdown  - GOV.UK (www.gov.uk)