The illegal working regime will apply to a much broader set of "other working arrangements" to include those classed as ‘workers’, individual subcontractors in supply chains, and online matching services (platforms) that introduce service providers to clients for a fee.

In summary, if any of these entities cause or arrange work to be done, they may be treated as the employer of the person who does the work - even if they have no contract with them and even if they do not know who is doing the work.

Home Office guidance on this update is yet to be released.

Remember that the civil penalties for employing an illegal worker can reach £45,000 per illegal worker for a first breach, rising to £60,000 for repeat offences.

A defence is available if an employer can establish a statutory excuse by carrying out a compliant right to work check before the individual begins work, in line with Home Office guidance. Employers must retain clear copies of the documents checked, record the date on which the check was undertaken and keep these records for the entire duration of the engagement, plus two further years.

 

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