In recent months, we have seen more businesses being issued with illegal working information requests. In this article we cover what these are and why it's a good idea to seek swift legal advice if you receive one.
What's the context?
Illegal working enforcement activities have significantly risen since the current government took office a year ago.
According to Home Office data covering the period from 5 July 2024 to 28 June 2025, there have been 10,031 illegal working visits, leading to 7,130 arrests. This marks a 51% rise compared to the year before. There have been 2,015 illegal working civil penalties issued.
Before an illegal working civil penalty is issued, an information request will normally be sent as a preliminary step.
What is an illegal working information request?
This is a request for information designed to assist the Home Office to decide whether to impose an illegal working civil penalty.
If you receive an information request, this will invite you to provide information about a suspected instance of illegal working, and any evidence you have of carrying out and documenting a right to work check for the individual in question.
You will be given a 10-day deadline to respond to the request.
The Home Office will consider any response you provide, and then decide, based on all the evidence available, whether to issue a civil penalty notice.
What should I do if I receive an information request?
We'd suggest seeking legal advice as soon as possible. This will enable you to receive an analysis of the situation in the context of the illegal working regime, and to fully put forward any information and evidence to demonstrate that a civil penalty notice should not be issued. This may include evidence of compliant right to work checks, evidence of the nature of any contractual relationship between your business and the suspected illegal worker, and any relevant mitigating factors.
It's important that you act quickly and respond to the request within the timeframe given. Doing so will mean that if a civil penalty is issued, it will be discounted by £5,000. For a first breach within the last 3 years, this will reduce the penalty amount from £45,000 to £40,000. For a repeat breach, the penalty will be reduced from £60,000 to £55,000.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
