Search

How can we help?

Icon

Right to work – powers to close business premises for non-compliance

We recently blogged about parts of the Immigration Act 2016 which came into force on 12 July 2016 extending criminal offences for employers in relation to illegal working. These sections of the Act also empower immigration officers to search and seize documents in connection with the imposition of a civil penalty where they have reasonable grounds to believe an employer is in breach of their duties to prevent illegal working.

Businesses should also be aware that in certain circumstances, if immigration officers have reasonable grounds to believe an employer is flouting the law, they could issue an “illegal working closure notice” for up to 48 hours enabling them to close the whole business until they have carried out a full investigation. Employers will be prohibited from accessing their premises and the business will be unable to trade for the duration of the closure.

In addition, if the immigration officers require more time to investigate, an application for a compliance order can be made to the court extending the 48-hour time period to anything up to 12 months. The Act gives significant powers to the courts to make orders they feel necessary to ensure businesses are prevented from trading until they are able to demonstrate they are fully compliant with immigration laws.

Home Office statistics from last month reveal that in the financial year 2015/16, Immigration Enforcement issued 2,594 civil penalties to businesses found to be employing illegal workers. Following the introduction of these new provisions, there is no doubt that more employers will be penalised so it’s imperative that employers are aware of these new changes and ensure they’re fully compliant.

 

“illegal working closure notice”

Our immigration team regularly advises businesses on how to carry out right to work checks and on compliance issues.  We have also successfully challenged the Home Office’s civil penalty notices in cases where employers are able to demonstrate they have complied with immigration laws.

Employmentbuddy.com

Disclaimer

This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

About this article

Read, listen and watch our latest insights

Pub
  • 04 December 2025
  • Immigration

UK Immigration: What to expect in 2026 for employers

Join our UK immigration specialists, Ruth Karimatsenga and Monica Mastropasqua, as they explore the key updates and how they affect your business in 2026.

Pub
  • 04 December 2025
  • Corporate and M&A

Autumn Budget 2025 Breakdown: Key takeaways for business buyers and sellers

Join Stuart Mullins and Nicky Goringe Larkin as they delve into the key updates from the Chancellor’s announcement, with a focus on what matters most for businesses looking to buy and sell.

art
  • 03 December 2025
  • Corporate and M&A

Why is carrying out a legal Due Diligence investigation necessary during an proposed acquisition?

Merging with or acquiring another company is a high-stakes endeavour. The purpose, process and common areas of investigation during a M&A transaction.

art
  • 02 December 2025
  • Employment

All I Want for Christmas… Is No Tribunal Claims!

Before the festivities begin, it is worth unwrapping the key risks and understanding how employers can protect their staff, their reputation and their sanity, while still delivering a thoroughly enjoyable evening.

art
  • 01 December 2025
  • Immigration

Government consultation on extending settlement requirements: What employers and migrants need to know

This article summarises the key proposals , groups who will and will not be affected by the extending settlement requirements, and the potential impact for employers, workers and families.

art
  • 28 November 2025
  • Commercial Real Estate

Auction Sales: Key Things to Consider

Buying or selling a property at auction can offer both buyers and sellers unique advantages, but it also comes with potential risks.