Illegal working fine calculator
What a Home Office civil penalty could cost your firm, using the official figures from the Code of practice.
The figures
| Situation | Per worker |
|---|---|
| First breach: starting point | £45,000 |
| Repeat breach (found in the last 3 years): starting point | £60,000 |
| You reported the worker and got a reference number | −£5,000 |
| You actively helped the Home Office | −£5,000 |
| First breach, both of the above, plus good right to work practices | Warning Notice instead of a fine |
| First penalty paid in full within 21 days (Faster Payment Option) | 30% off |
These are the amounts in the Home Office Code of practice (1 October 2026), section 5. The legal maximum went up from £20,000 to £60,000 per worker from 13 February 2024 (Maximum Penalty (Amendment) Order 2024; GOV.UK report confirming the date). GOV.UK's own page says you might pay "up to £60,000 for each illegal worker" (Penalties for employing illegal workers).
How the Home Office works it out
- Are you liable? If you did the correct checks before the work started, you have a "statutory excuse" and pay nothing.
- First or repeat? A repeat breach is one where you were found employing illegal workers in the last 3 years.
- How much? Start at £45,000 or £60,000 per worker, then take off £5,000 for each reduction that applies.
You then have 28 days to object. A first penalty paid in full within 21 days is cut by 30%. You can ask to pay in instalments. If you do not pay, object or appeal, the penalty can be enforced through the courts. Your firm's name may also be published. (Code of practice, section 4)
This is an estimate. The Home Office decides each case on the evidence. In serious cases employers can also face a criminal charge, with up to 5 years in prison and an unlimited fine (Penalties for employing illegal workers).
The free official route. You can do every right to work check yourself, free, on GOV.UK. Start at Checking a job applicant's right to work. For a share code, use Check a job applicant's right to work: use their share code. If the person cannot show their status, use Use the Employer Checking Service.
Want us to handle it?
Sovereign Plus runs CIS payroll for construction firms. Let us check your gang's right to work as part of payroll, keep the records, and remind you before follow-up checks are due.
One thing to know: Home Office guidance says a check only protects you if you do it, someone working under your control does it, or it is done through a registered digital checking provider (an RtW DVSP). Ask us how we set this up for your firm.
Sources
- Code of practice (PDF), section 5: calculating the penalty (GOV.UK)
- Code of practice on preventing illegal working: Right to Work Scheme for employers (1 October 2026) (GOV.UK)
- Penalties for employing illegal workers (GOV.UK)
- The Immigration (Employment of Adults Subject to Immigration Control) (Maximum Penalty) (Amendment) Order 2024 (legislation.gov.uk)
- Evaluation of the compliant environment: interim report (says the higher penalties came into force on 13 February 2024) (GOV.UK)
- Report an immigration or border crime (GOV.UK)
Last checked against GOV.UK: .