Civil Penalty Notices - A Practical Guide to Illegal Working, Right to Work Checks & Appeals

Introduction

This webinar will provide an overview of Civil Penalty Notices, including how penalties arise, are calculated and can be challenged or reduced. It will cover the statutory excuse, mitigation and key evidential and procedural issues, alongside recent case law including Akbars Restaurant (Middlesbrough) Ltd v SSHD and Jen and Jamie Ltd v SSHD.

This webinar will also consider important changes taking effect on 1 October 2026 under Section 48 of the Border Security, Asylum and Immigration Act 2025, including the extension of the regime to wider working arrangements. The webinar will provide practical guidance for those advising employers on what to do when a civil penalty is received and civil penalty challenges.

What You Will Learn

This webinar will cover the following:

• When liability for illegal working arises under the civil penalty regime
• The current penalty levels, fast payment reduction and Home Office mitigation framework
• How right to work checks and the statutory excuse operate in practice
• Common grounds for objection and appeal, including liability, statutory excuse and excessive penalty
• Procedural traps, including time limits, service of notices and appeals brought out of time
• Arguments concerning employment status, immigration status and whether the alleged worker is caught by the regime
• Powers of entry and evidential issues arising from Home Office visits
• Recent case law, including the Supreme Court decision in Akbars Restaurant (Middlesbrough) Ltd v SSHD [2026] and the upcoming Court of Appeal hearing in Jen and Jamie Ltd v SSHD
• The 1 October 2026 changes following Section 48 of the Border Security, Asylum and Immigration Act 2025
• Practical tips for advising employers, drafting objections and preparing appeals