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ARTICLE · 07 SEPTEMBER 2026

Reform’s Tough Talk On Right To Work

Freeths LLP
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Reform UK's proposal to imprison company directors and fine businesses up to 10% of global turnover for employing illegal workers raises fundamental questions about criminal liability, strict liability versus culpability...

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Reform’s latest proposal on illegal working is certainly headline grabbing: imprison company directors and fine businesses up to 10% of global turnover where illegal workers are found. The attraction of such a policy is obvious; the practical and legal consequences are far less straightforward.

Whatever one thinks of the politics, the suggestion that employers are somehow operating in a consequence-free environment is difficult to reconcile with the Home Office’s own figures. In 2025, employers faced more than £130 million in illegal working civil penalties. That is before taking into account sponsor licence action, public naming and shaming, business disruption, director disqualification risks and possible criminal prosecution in serious cases. So before we reach for even harsher penalties, there is a legitimate question as to whether the issue is really a lack of powers, or whether this is political theatre dressed up as enforcement policy.

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