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...

UK right to work checks: practical guidance on suspected illegal working, unfair dismissal and discrimination risks, civil/criminal penalties, sponsor licence compliance, ECS and repeat check pitfalls

Published by a LexisNexis Immigration expert

Practice notes

This Practice Note

This Practice Note explores how advisers can steer the competing risks that arise in practice when an employer either omits to complete a compliant right to work check, or comes to doubt an employee’s entitlement to work. Where Illegal working is suspected, several interlinked matters must be addressed, including:

employment — employment law shapes the risks and liabilities flowing from an employer’s choice whether to dismiss and what steps to take if illegal working concerns emerge. Potential exposures include unfair dismissal (generally only engaging after two years’ service) and Discrimination claims. For more information, see Practice Note: Illegal working: dealing with employees
regulatory — an employer may face a civil Penalty for employing someone who lacks the right to work. In addition, for sponsor employers, employing a person without the right to work in the UK places their sponsor licence at risk of possible revocation. See Practice Notes: Illegal workers—civil and criminal sanctions and Illegal working: dealing with a civil penalty
criminal — employing a person who does not have the right to work is a criminal offence...

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Duncan Bain

Bower Bailey Solicitors

In the 1990s I worked in the non-profit advice sector as a immigration and employment case-worker.After qualifying as a barrister I joined Morgan Cole LLP in 2001 and continued to provide immigration and employment advice, primarily for commercial and public sector clients.I moved to Penningtons Manches LLP in 2013 which focused more on commercial and academic sector clients. I was split between the immigration and employment departments.I moved to Bower Bailey in 2018. I lead the immigration work here, the biggest portion of which is for Skilled Work sponsors. My employment law practice is also strong and we offer a number of joint retainers, covering both areas of practice to commercial clients....

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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