A £28,000 fine for a Surrey chip shop owner highlights employer responsibilities to prevent illegal hires

A clerical oversight led to a severe financial blow when the Home Office imposed a £45,000 civil penalty on the owner of a fish and chip shop in Surrey after a worker had used a forged identity to secure employment.

The employee, hired in early 2023, presented convincing documentation. This included photocopies of a British passport, a National Insurance number and student loan paperwork.  The documents were checked and passed during payroll set-up, but the original passport was never examined, allowing a forged identity to slip through. 

Mark Sullivan, the owner of Big Fry Fish & Chips in Egham, emphasised he had acted in good faith, noting the employee held a UK bank account, studied at university and paid student loans.

The owner admitted it was a ‘clerical error’ and cooperated fully, but described the experience as ‘terrifying’ and the outcome as ‘devastating’ for his business.

The Home Office’s position is firm: photocopies of identity documents, or other supporting documents, are not sufficient proof of right to work; there must be a full check on original identity documents or a compliant digital ID check.   

Many small business owners argue that right-to-work checks are complicated and punitive. The Federation of Small Businesses has called for proportionality in enforcement, warning that blanket penalties can cripple businesses who make a genuine mistake. 

Since July 2024, penalties have tripled. For first-time breaches, no matter the size of the company, fines can reach £45,000 per illegal worker, with repeat offences carrying penalties of up to £60,000. Enforcement action against illegal working has surged, with more than 10,000 visits between July 2024 and June 2025. These visits resulted in 7,130 arrests, an increase of around 50% compared with the previous 12 month period. More than 2,000 civil penalties were handed to businesses found to be violating immigration rules.  

Initially hit with a £45,000 fine, chip shop owner Sullivan was offered a notional £5,000 reduction for supporting the investigation, with a discount of 30% if payment was made within 21 days, resulting in a final bill of £28,000. 

Knowing the right-to-work rules is important for every business. Checking the right-to-work status of every hire is a legal duty. A simple oversight may result in massive penalties that could sink a small business.

Employers should consider putting training in place for any employee who will be conducting checks in future. They should also consider conducting a full audit of past hires, to validate the hires and put right any potential issues, a process which in itself will help to get training underway.

Looking forward, the government has announced plans to introduce new mandatory digital ID cards for all UK citizens and legal residents. These digital ID cards will be a requirement for right-to-work checks. The government says this will crack down on forged documents and remove the need to rely on the current complicated right-to-work ID checks.

Key takeaways for employers:

  • Always inspect original ID documents and take a photograph, showing it in your possession; record the details and hold a dated copy.
  • Where possible, use the Home Office Employer Checking Service or the Right to Work digital check service if a share code is offered.
  • Log all checks fully and keep them tied to individual personnel files for audit readiness.
  • Ensure all staff involved in recruitment understand the penalty scale: up to £45k per worker on a first breach.
  • Stay alert to frequent changes in immigration enforcement and Home Office guidance.

Useful links:

Government advice on right to work

Recognising fraudulent identity documents, Home Office, July 2025