Guidance

Illegal working penalties: codes of practice for employers

This code of practice sets out the prescribed checks that employers should conduct to avoid a civil penalty in the event of illegal working.

Documents

Code of practice on preventing illegal working, 1 July 2021

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Code of practice on preventing illegal working, in force from 6 April 2022

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Draft code of practice on preventing illegal working, March 2022

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You can find the previous version of this code, in force up to 1 July 2021, at the National Archives, along with earlier versions

Details

Because of coronavirus (COVID-19) there are temporary changes to the way you can check documents. Read guidance about the adjusted process, including asking for documents digitally, making checks on a video call, and what to do if someone cannot provide any accepted documents.

Employers have a key role to play in preventing illegal working in the UK. They do this by carrying out right to work checks on people before employing them, to make sure they are allowed to do the work in question.

This code of practice sets out the prescribed checks that employers should conduct to avoid a civil penalty in the event of illegal working and the factors that the Home Office takes into account when determining the amount of any penalty issued.

Published 1 July 2021
Last updated 422 March 2022 + show all updates
  1. Added accessible version of code of practice on preventing illegal working, in force from 6 April 2022.

  2. Added code of practice on preventing illegal working, in force from 6 April 2022.

  3. Added draft code of practice on preventing illegal working, March 2022.

  4. Accessible HTML version of 'Code of practice on preventing illegal working, 1 July 2021' added.

  5. First published.