A missing document is a reason to review the employment record. It is not, on its own, proof that the person worked illegally or that a civil penalty is payable.
Illegal-working civil penalties concern the actual work permission and the employer’s position under the applicable framework. Keep those questions separate when assessing a record gap.
Understand the published maximum amounts
The current civil penalty code describes civil penalties of up to £45,000 per illegal worker for a first breach and up to £60,000 where previous illegal-working findings occurred within the relevant three-year period. The increased rates took effect on 13 February 2024; they were not introduced in January 2026.
These are maximum rates, not a fixed bill for every unchecked record. The statutory framework, whether illegal working occurred, the employer’s excuse and the relevant assessment factors matter. Our penalty calculator illustrates a scenario using those maxima, rather than predicting a penalty for your business.
Complete the appropriate prescribed process
A statutory excuse depends on compliance with the applicable right-to-work requirements. The current employer guide explains manual checks, the Home Office online service, eligible right-to-work digital verification providers and the Employer Checking Service.
Match the process to the person’s circumstances, inspect the required result and retain the evidence. Keep the check date and reviewer with that result. A stored passport copy, QR scan or generic identity-verification result does not automatically establish the excuse.
The framework also addresses knowledge of illegal working and documents whose falsity is reasonably apparent. Do not present a software record as immunity from liability.
Determine the relevant contractual responsibility
The October 2026 guidance extends the scheme to specified working arrangements and explains possible liability beyond a direct contractual employer. The responsibility depends on the arrangement and the prescribed requirements.
It does not follow that every agency worker creates an automatic fine for both the agency and hirer. See the agency-worker guide and review the agreement and actual work before deciding which evidence is needed.
Address time-sensitive and disputed cases carefully
Some workers require follow-up checks. EUSS settled and pre-settled status do not require repeat employment checks under the current guidance. Pending applications and verification notices have their own rules.
If you receive an official notice, read its grounds, deadline and available objection or appeal process promptly. Get advice on the particular case. Separate a civil penalty notice from criminal offences, closure notices and compliance orders, which have different conditions and consequences.
Certifyd helps teams connect evidence to expiry and review dates. Your employer or responsible organisation performs the prescribed checks and decisions. The Fair Work Agency’s labour-market remit is separate from Home Office illegal-working enforcement.