In recent months, we have seen more businesses being
issued with illegal working information requests. In this article
we cover what these are and why it’s a good idea to seek swift
legal advice if you receive one.

What’s the context?

Illegal working enforcement activities have significantly risen
since the current government took office a year ago.

According to Home Office data covering the period from 5
July 2024 to 28 June 2025, there have been 10,031 illegal working
visits, leading to 7,130 arrests. This marks a 51% rise compared to
the year before. There have been 2,015 illegal working civil
penalties issued.

Before an illegal working civil penalty is issued, an
information request will normally be sent as a preliminary
step.

What is an illegal working information request?

This is a request for information designed to assist the Home
Office to decide whether to impose an illegal working civil
penalty.

If you receive an information request, this will invite you to
provide information about a suspected instance of illegal working,
and any evidence you have of carrying out and documenting a right
to work check for the individual in question.

You will be given a 10-day deadline to respond to the
request.

The Home Office will consider any response you provide, and then
decide, based on all the evidence available, whether to issue a
civil penalty notice.

What should I do if I receive an information request?

We’d suggest seeking legal advice as soon as possible. This
will enable you to receive an analysis of the situation in the
context of the illegal working regime, and to fully put forward any
information and evidence to demonstrate that a civil penalty notice
should not be issued. This may include evidence of compliant right
to work checks, evidence of the nature of any contractual
relationship between your business and the suspected illegal
worker, and any relevant mitigating factors.

It’s important that you act quickly and respond to the
request within the timeframe given. Doing so will mean that if a
civil penalty is issued, it will be discounted by £5,000. For a first breach
within the last 3 years, this will reduce the penalty amount from
£45,000 to £40,000. For a repeat breach, the penalty
will be reduced from £60,000 to £55,000.

The content of this article is intended to provide a general
guide to the subject matter. Specialist advice should be sought
about your specific circumstances.