Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Workers definition

What does Workers mean? In practice, workers are individuals who personally perform work or services for another and are not genuinely in business on their own account; the term covers employees and non‑employees such as agency, casual and platform workers. In Great Britain, “worker” is a statutory category of employment status (ERA 1996 s.230(3); Working Time Regulations 1998) comprising employees and “limb (b)” workers. Case law (Autoclenz; Uber v Aslam) looks to the reality of the relationship and personal service, excluding those serving clients or customers of their own business. Worker status usually brings core protections (National Minimum Wage, paid holiday, whistleblowing, unlawful deduction of wages,...

Illegal working in the UK: employer civil penalties and criminal offences; right to work checks, statutory excuse, appeals, and Home Office codes (updated 2024–2025)

Published by a LexisNexis Employment expert

Practice notes

Civil and criminal penalties for employing illegal Workers

A framework of civil and criminal penalties for employers who engage illegal workers applies to employment beginning on 29 February 2008, under the Immigration, Asylum and Nationality Act 2006 (IANA 2006).

An individual is an illegal worker if they are 16 or over, require leave to enter or remain under the Immigration Act 1971, and any of the following applies:

they have not been granted leave to enter or remain in the UK, or
their leave to enter or remain is invalid or has ended for any reason, or
their leave to enter or remain carries a condition that prevents them from taking employment

For the purposes of illegal working rules, employment covers any working relationship under a contract of service or apprenticeship, whether express or implied, and whether oral or written.

In broad terms, from 1 July 2021, EEA nationals and their family members must hold UK immigration status in the same way as other overseas nationals and can no longer rely on certain documents, eg an EEA passport or national identity card, to evidence their right to work in the UK...

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Web page updated on 21/05/2026

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