Farmers in danger of employment errors
Bosses must be super-careful about illegal workers
Farming has faced challenge after challenge in recent years, from Brexit to Covid and changes to inheritance tax. Now, another issue is quietly putting businesses at risk: civil penalties for illegal working.
Many farmers don’t realise how high the stakes have become. Since April 2024, fines for employing someone without the right to work have tripled. A first breach now carries a penalty of £45,000 per worker. Repeat breaches are even higher, at £60,000 per worker.
These fines can be imposed even when a farmer has acted in good faith and had no idea there was an issue. Honest mistakes are no defence. Relying on what others are doing is equally dangerous. Just because the farm down the road employs overseas workers doesn’t mean it’s safe for you to do the same.
Illegal working covers a wide range of situations. It includes people who:
- Don’t have permission to be in the UK
- Have stayed after their visa has expired
- Are working more hours than their visa allows
- Are doing jobs their visa doesn’t cover
Traditionally, the Home Office focused on surprise in-person raids. Last year immigration officers arrested more than 6,400 people in raids at UK businesses– a 51% rise on the previous year.
But enforcement is evolving. Increasingly, checks are carried out remotely, including data-matching between Home Office records and HMRC. This has caught out farmers who thought that paying workers through PAYE meant everything was above board
Many farmers assume that seeing a National Insurance number or a Biometric Residence Card from the Home Office, proves someone has the right to work. Unfortunately, that is not the case.
For example, permits issued to asylum seekers often include abbreviated phrases like “work permitted shortage occ” or “permission to work para 360”. While this seems to suggest a right to work, that right only applies to a specific list of jobs – and there are no farming jobs on the list. Without carefully checking these details, it’s easy to make a costly mistake.
The only defence against a civil penalty is a properly conducted right to work check. These checks must be carried out on all workers, including British and Irish citizens.
The Home Office takes a strict approach. Being unaware of the rules will not reduce a fine. And if the employer knew there was an issue, criminal prosecution – though rare – is possible.
If you receive a request for information from the Home Office take urgent legal advice and ensure you respond promptly. Cooperating can lead to a small reduction in the penalty, but only if you handle the process correctly.
Right to work checks are complex and rules change frequently. To avert risk, every farm business should:
- Review your current workforce and employment practices
- Make sure right to work checks are carried out for everyone, including British and Irish citizens
- Seek expert immigration advice if you’re unsure how to comply
It’s not enough to follow what other farms are doing. A single unchecked worker could cost you tens of thousands of pounds and threaten your business.
Taking action now is the only way to protect your livelihood and your workforce.
Jacqueline Moore is an immigration partner, Thorntons