Immigration - Publication of Offending Employer Details

The Immigration, Asylum and Nationality Act 2006 introduced a tough new civil penalty system for employers. The revised penalty scheme sits alongside a new criminal offence of knowingly employing an illegal migrant worker (section 21 of the Act). This is for use in more serious cases where rogue employers knowingly and deliberately use illegal migrant workers, often for personal financial gain. This offence carries a maximum two year custodial sentence and/or an unlimited fine.

The UK Border Agency (UKBA) now publishes the details of employers who have been found to be liable for the payment of a civil penalty for employing illegal migrant workers and those convicted of an offence under section 21 of the Act. The information can be found on the UKBA's website and is updated on a monthly basis. See http://www.ukba.homeoffice.gov.uk/sitecontent/documents/employersandsponsors/listemployerspenalties/.

The information includes details of employers:

  • from whom no appeal or objection is received within the twenty-eight days after service of the Notice of Liability (NOL);
  • from whom payment is not received within 28 days after service of the NOL;
  • for whom the appeal process against service of the NOL has been exhausted; and
  • from whom payment has been received.
In addition, the Home Office Press Office releases the information to local media organisations, such as local newspapers and broadcast news media.

The UKBA does not publish details of those employers whose case is still subject to investigation, objection, appeal or where operations are ongoing.

Local Immigration Teams work with a range of other local agencies to target businesses that flout the law. To date, a particular target would appear to be the catering industry.

Guidance for employers on preventing illegal working can be found on the UKBA website at http://www.ukba.homeoffice.gov.uk/employers/preventingillegalworking/.

Telephone: +44 (0) 1753 486 777 (Slough Office)
Telephone: +44 (0) 1189 596031 (Reading Office)