Jurisdiction(s):
United Kingdom

Related legal acts

Key definition

Illegal working definition

What does Illegal working mean? In practice, illegal working describes work undertaken by a person subject to immigration control who either lacks current permission to enter or remain with a right to work, or works in breach of a condition restricting work, whether on an employed or self‑employed basis. Typical breaches include working without leave, overstaying, taking employment where leave prohibits work, exceeding permitted hours (for example, as a student), working in a restricted role, or engaging in self‑employment where not permitted. The term is descriptive and used across immigration and employment enforcement. In the UK, it is reflected in legislation: the Immigration Act 1971 and...

Right to work compliance and employment law: investigating and managing suspected illegal working, fair procedures, dismissal options, discrimination risks, sponsor licence implications and penalties

Published by a LexisNexis Immigration expert

Practice notes

Where an employer is found to have employed someone unlawfully in the UK, they may face civil penalties and/or criminal sanctions. For further information, see Practice Notes: illegal working: dealing with a civil penalty and Illegal working: dealing with a criminal allegation.

Alongside civil and criminal measures, a sponsor licence holder may have its licence revoked if illegal working is established. The employer can also sustain reputational damage and adverse publicity (eg being ‘named and shamed’ by the government), which can harm the business’s prospects of winning tenders or contracts.

To limit these risks, employers must have rigorous processes and procedures to check every employee’s right to work before they start, and conduct repeat checks as required throughout the employment relationship. Employers also need to recognise and address any allegations of illegal working (or potential illegal working) during employment. In doing so, they should remain mindful not only of their obligations under immigration law but also of their employment law duties...

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Ben Amunwa

The 36 Group

Ben enjoys a thriving practice in commercial, civil and public law. His advocacy is praised by Judges, opponents and clients. He is known for his exceptional client care and attention to detail in complex and urgent cases. Ben provides practical, cost-effective and punctual advice to a range of clients, including local authorities, professionals, businesses and individuals.Before coming to the Bar, Ben spent over a decade in the charity sector supporting individuals in crisis. His experience of management and media enables him to perform calmly under pressure. Clients value his accessible manner and his ability to explain difficult areas of law.Ben is the Founder and editor of Law, mostly...

Laura Darnley

Ward Hadaway

Laura is a Partner in Ward Hadaway's Employment and Immigration team. She has extensive experience in advising clients in relation to all of their "people" related needs . She specialises in advising on business immigration issues to help clients recruit and retain the best talent from across the worldLaura provides advice on all aspects of the UK’s immigration regime, including right to work compliance, sponsor licensing, Skilled Worker visas and Global Business Mobility visas. She also advises on the requirements for international business travellers inbound to the UK and globally mobile workforces so that clients can ensure they have access to key talent when and where they need it. She has a 100% success rate in relation to sponsor licence and visa applications. Her advice is commercial and pragmatic and ensures that her clients are able to achieve their strategic workforce...

Web page updated on 21/05/2026

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