Illegal workers and the construction industry

Published: November 5, 2024

Illegal working and the exploitation of unlawful labour is a serious issue in the construction industry. The Considerate Constructors Scheme recently partnered with the Home Office to publish a case study article spotlighting the risks regarding illegal working.

For clarity, a CSCS card is NOT proof of an individual’s right to work in the UK. Cards provide proof that individuals working on construction sites have the appropriate training and qualifications for the job they do. 

What can employers do?

Employers have an important role to play in ensuring that their employees have the right to work in the UK. They should do this by undertaking the simple 3 step Right to Work check. These steps are: 

• Obtain original document(s) specified in the Home Office’s published acceptable documents list 

• Check the validity of the documents against the holder; and 

• Retain copies of the documents and note the date on which the check was made. 

What are the potential punishments? 

Those who employ illegal workers without conducting the required checks could be subject to robust sanctions, which include: 

• A civil penalty of up to £60,000 per illegal worker 

• In serious cases, a criminal conviction carrying a prison sentence of up to five years and an unlimited fine 

• Closure of the business and a compliance order issued by the courts 

• Disqualification as a director 

• Seizure of earnings made as a result of illegal working. 

• Illegal workers also face having their wages seized and possible prosecution. 

Find out more

You can read more about illegal working practices, and the consequences, via the Considerate Constructors Scheme Best Practice Hub.