Civil Penalties & Illegal Working
Statutory Excuse and Employer Liability
A statutory excuse is the employer's protection against a civil penalty. It depends on how checks were done.
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What the issue is
A statutory excuse is established by conducting prescribed checks before employment and follow-up checks where required.
Why it matters
It is not available if the employer knew the person was not allowed to do the work.
Why prevention is cheaper than enforcement
The cost of consistent checks and records is typically far lower than penalties, licence action and disruption.
Common failures
- Believing agency checks automatically protect the end user.
Evidence to keep
Examples to consider where relevant — not a complete or mandatory list.
- Dated check records in the prescribed form.
Practical preventative steps
- Clarify agency and contractor responsibilities in writing.
Official rules and guidance
- GOV.UK: Preventing illegal working — civil penalties
- GOV.UK: Employer's guide to right to work checks
Rules and guidance change. Check the current official sources before relying on this information.
This is general legal information for organisations, not advice on your circumstances. Duties depend on your business, workers and the rules and guidance in force at the relevant time. No outcome is guaranteed.
Andrew Williams Solicitors provides regulated legal advice, legal review, representation and solicitor-led compliance support. Compliance monitoring and workflow technology (such as ICMS and ComplianceWatch) is provided separately by Ibiab Systems and is not legal advice.
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When solicitor advice may be appropriate
Speak to Andrew Williams Solicitors about your organisation's position, a Home Office visit, a penalty notice or a licence concern. Scope and fees are agreed in writing before substantive work begins.