Receiving a Civil Penalty Notice can be a serious issue for any business, leading to heavy fines, reputational damage, and potential loss of your Sponsor Licence. This can be especially damaging if your case attracts media attention. It can affect your ability to hire talent and harm your business growth. If you’ve received a Civil Penalty Notice, it’s crucial to act quickly to protect your business and your migrant employees. Here are three key tips for challenging a Civil Penalty Notice.
1. Get Legal Advice Immediately
It may seem obvious, but many employers fail to seek expert legal advice when they receive a Civil Penalty Notice. The law around illegal workers is complex, and the penalties for non-compliance under the Immigration, Asylum and Nationality Act 2006 can be severe. However, in many cases, employers have a defense and may not need to accept the penalty.
By contacting an immigration lawyer, you can get the professional support you need. A lawyer can review the notice and check if you have a statutory excuse for employing the migrant workers in question. Having an expert handle the legal side will also allow you to focus on running your business without the added stress.
2. Understand the ‘Statutory Excuse’
A common defense against a Civil Penalty Notice is the ‘statutory excuse’. This means that the employer has carried out the correct Right to Work Checks for their employees, proving that they were legally allowed to work in the UK.
A compliant Right to Work Check involves three steps:
- Obtain documents from the employee showing they are allowed to work in the UK.
- Verify the documents for validity in the presence of the employee.
- Make a copy of the documents and record the date of the check.
- If the Home Office sees that the correct checks were done, they will often cancel the fine. To ensure you’re always compliant, keep accurate records and maintain an up-to-date Sponsor Management System. Consider conducting an annual audit of your HR systems to ensure everything is in order.
3. Don’t Be Afraid to Appeal in Court
If your challenge to the Home Office is unsuccessful, you still have the option to appeal the Civil Penalty Notice in Civil County Court. This step can be intimidating, but it’s important to know that you have legal avenues to fight the penalty.
While court cases can be stressful and expensive, appealing a Civil Penalty Notice could be worth it if you have a strong case and evidence to support your position. Your lawyer can help you prepare the necessary documents and guide you through the process.
If you receive a Civil Penalty Notice, don’t panic. Law and Visas can help you challenge the penalty and protect your business interests. By seeking legal advice early, understanding your statutory excuse, and considering your appeal options, you can improve your chances of successfully fighting the penalty and maintaining your Sponsor Licence.
