Jurisdiction(s):
United Kingdom

UK Supreme Court to decide if Home Office must specify statutory basis in right-to-work civil penalty notices under the Immigration, Asylum and Nationality Act 2006

Published on: 10 February 2026

Published by a Law360 reporter

Legal News

Article summary

Akbars contends the Home Office ought to have identified which of four statutory bases it relied upon to impose the fine on the business.

The grounds are:

lack of permission for a worker to be in the UK
invalid permission
permission that has ceased to have effect
permission that does not authorise the person to work there

Counsel for Akbars, Sohail Mohammed of Kingston Law, told the UK Supreme Court that the authority can, and indeed should, set out the reason.

But the Home Office maintains that saying the employee had 'no right to work' is enough.

It says nothing indicates that being less specific would invalidate the civil penalty notice given to the restaurant.

Zane Malik KC of 39 Essex Chambers argued for the government in the case before the court...

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