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

art
  • 03 June 2026
  • Employment

Holiday Pay Record Keeping – What this new duty means for employers

The Employment Rights Act 2025 made certain changes to the rules around holiday records, which came into effect on 6th April 2026.

art
  • 03 June 2026
  • Corporate and M&A

Is your Company’s Register of Members accurate? The hidden risks of getting it wrong

Ensure your company’s Register of Members is accurate and compliant. Learn the legal risks, common mistakes, and how to protect your business from penalties.

art
  • 02 June 2026
  • Corporate and M&A

Clarkslegal welcomes leading Corporate Law expert Mark Ridley as Partner

Clarkslegal is delighted to announce the appointment of Mark Ridley as a new Partner in the Corporate and Commercial team.

art
  • 28 May 2026

Newly rebranded legal services group Orwins makes investment in Clarkslegal

Orwins, the law firm for ambitious businesses and high net worth individuals, has today, 27 May 2026, announced a significant investment in Reading-based commercial law firm Clarkslegal.

art
  • 20 May 2026
  • Immigration

AI vs Home Office approved Translations – why migrants are paying the price

AI is transforming almost every professional sector. Law firms now use AI-assisted drafting, businesses rely on automated translation software, and governments increasingly use digital systems for decision-making.

art
  • 20 May 2026
  • Employment

Trade Unions Right of Access from October – What you need to know

Under the Employment Rights Act 2025, independent Trade Unions (i.e. those with a certificate of independence) will have a right to access workplaces (physically and digitally) from October 2026.