Challenge an Illegal Working Civil Penalty
A civil penalty notice is a written demand from the Home Office requiring an employer to pay a specified sum for employing a person who did not have the right to work. The maximum is £45,000 per worker for a first breach and £60,000 per worker for a repeat breach within three years, and you have 28 days from the due date specified in the notice to object in writing. If you hold a sponsor licence, a civil penalty can also put that licence at risk. We help employers at the visit, objection and court appeal stages, as well as with the compliance repair afterwards. Our scope and fee are confirmed in writing before work begins.
Last reviewed: 11 August 2026 by Najma Ali, Principal Solicitor, NA Law Solicitors. SRA No. 645049. This page reflects the Code of Practice on Preventing Illegal Working (13 February 2024).
Already know which stage you are at? See our dedicated pages on lodging your objection or appealing to the County Court.
If the Home Office has already decided your objection and you remain liable, go straight to our County Court appeal page. This overview is for employers who need to identify the correct stage and next action.
The Scale of the Liability
Since February 2024, the illegal working civil penalty regime carries a maximum of £45,000 per worker on a first breach and £60,000 per worker on a repeat breach. For example, three workers could result in a potential first-breach liability of up to £135,000. You have 28 days from the due date specified in the notice to object in writing to the Home Office.
The correct response depends on the stage, the evidence and the statutory route. The table below directs you to the page for your current stage.
Important 2026 legal development: the Supreme Court held in Akbars Restaurant [2026] UKSC 26 that a Civil Penalty Notice must identify the particular section 15(1) ground relied on. Read what the decision means for employers.
Where are you in the process?
The right next step depends entirely on which letter you are holding. Find yours:
| What you have received | What it means | What to do |
|---|---|---|
| The Home Office has visited, but no penalty yet | You are at the referral stage. Nothing is owed yet, and evidence gathered now is worth more than evidence gathered later. | Send us the Referral Notice and visit documents |
| A civil penalty notice | The Home Office has decided you are liable and has set an amount. You have 28 days from the due date specified in the notice to object in writing. | Civil penalty objections |
| An objection outcome that went against you | The Home Office has maintained or reduced the penalty. For employers whose principal place of business is in England and Wales, an appeal to the County Court may be available. The deadline is normally 28 days from the relevant date. | County Court appeals |
| Nothing yet: you want to make sure it never happens | A right-to-work audit can identify gaps in checks, follow-up dates, record keeping and escalation procedures before a Home Office visit. | Arrange a right to work compliance audit. |
Not sure which applies, or the deadline is close? Call 0203 524 5439. Have the letter in front of you and we will tell you which route applies and what your deadline is.
The Statutory Excuse Defence: a Complete Answer to the Penalty
A correctly conducted right-to-work check before employment commenced gives you a statutory excuse: a complete defence that cancels the penalty regardless of whether the worker was entitled to work. Whether it holds depends on four questions:
- Was the correct document checked, using list A or list B as appropriate to the worker’s status?
- Was the correct prescribed method used, whether the Home Office online service, an identity service provider where permitted, or a manual check?
- Was the check carried out before employment commenced, using the prescribed process that applied at the time?
- Was a legible copy retained in the prescribed format?
A procedural defect in the check can prevent an employer from relying on the statutory excuse. An employer should not assume the defence is available or unavailable without reviewing the records against the guidance that applied when the check was carried out.
Mitigating Factors and the Level of Penalty
Where the statutory excuse is unavailable, mitigation is the primary route. The Home Office applies three recognised factors:
- Self-reporting: you reported the illegal worker to the Home Office before the compliance visit
- Cooperation: you cooperated fully with the investigation
- Effective right-to-work system: you had a functioning, documented RTW process in place at the time of the breach
On a first breach, the Home Office may issue a Warning Notice where the applicable criteria are met. This is not automatic: the objection should identify the relevant criteria and support them with evidence.
How do you object to a civil penalty?
A written objection must be submitted within 28 days from the due date specified in the notice. The objection should identify the liability, statutory-excuse and mitigation evidence relied on. See our civil penalty objection service for the work and published scope.
What happens if the objection is rejected?
If the Home Office has decided your objection and you remain liable, the appeal must normally be brought within 28 days of the relevant notice date. The correct court depends on the employer’s principal place of business. See our County Court civil penalty appeal service.
Sponsor Licence Consequences
If your business holds a sponsor licence, the underlying right-to-work or record-keeping issues may also lead to Home Office sponsor-compliance scrutiny. The civil penalty response and any sponsor-licence response should be consistent and supported by the same evidence.
Why employers instruct NA Law Solicitors
NA Law Solicitors is authorised and regulated by the Solicitors Regulation Authority. SRA No. 645049. Our office is at 8 Kew Bridge Road, Brentford, TW8 0FD. Read our client reviews.
Send us the notice and its due date
Use the form below so we can identify the stage, calculate the deadline and route the enquiry correctly.
Fees and scope
Our scope and fee are confirmed in writing before work begins. See our fees and charging information.