Chip shop's illegal worker warning after £40k fine

Mark Sullivan said immigration officers alleged one of his employees was using a false identity to work in the UK

A Surrey chip shop owner has warned other small businesses to check workers' legal documentation to work in the UK after he was fined £40,000.

Mark Sullivan, who runs Big Fry Fish & Chips in Egham, said immigration officers took away one of his managers in March, after the Home Office alleged they were using a false identity.

The Home Office told the BBC it was employers' responsibility to conduct right to work checks and that they were "clamping down" on those who failed to do them.

Mr Sullivan said the worker had supplied him all the paperwork, which included a copy of his UK passport, addresses, bank account and national insurance, which Mr Sullivan thought was legitimate.

Mr Sullivan told Radio Surrey: "We later found out he had a totally different name, which was different from all the paperwork he had given us.

"There were no red flags to suggest he was anything but the person who we were led to believe. He was also employed in the UK before he worked for us."

He added the worker was employed at his shop on February 2023 and at the time he was paying back the worker's student loan and an attachment of earnings order from a borough council for his rent arrears.

Mr Sullivan said he submitted the documents, supplied to him from the concerned worker, to the Home Office.

He added he was not worried at the time because the documents were supported.

"I then received a letter from Home Office saying we were fined £40,000 for employing an illegal person. We were in total shock," Mr Sullivan said.

'Genuine mistake'

Mr Sullivan said the original fine was £45,000 but he was given a discount as he assisted Home Office with their enquiries straight away.

He said he was advised by an immigration lawyer to pay the fine rather than challenge it, otherwise the cost could reach up to £80,000 if he lost the appeal.

He added he was given an option to reduce the fine to £28,000 if it was paid within a time frame, which he paid.

"It's had a big impact on the business. There's a massive cash flow hole," he added.

"Obviously, retail trade is struggling and this is the last thing we needed."

Mr Sullivan said there was "nothing he could have done more" to detect red flags and it was a "genuine mistake".

"When we employed him, we went online to confirm his right to work. One of the first questions asked was does the person have a UK passport," he added.

"As soon as we clicked 'yes', because as far as we were concerned he did, the website said no further checks were needed.

"We can't check people's passports whether they're true or not. We also paid him through the pay as you go system (PAYE)."

Craig Beaumont, executive director at the Federation of Small Businesses (FSB), said a penalty of this amount could be "fatal" to small businesses.

"Small employers take their responsibilities seriously in necessary documentation checks, but ultimately they are not immigration officers," they added.

"They need a system which treats genuine mistakes proportionately rather than punishing them with crushing fines large enough potentially to threaten the existence of their business."

A government spokesperson said: "Illegal working undermines honest employers and undercuts local wages – it is against the law to work in the UK when you have no right to be here.

"Employers are responsible for carrying out right to work checks, there is comprehensive guidance on how to do this and we are clamping down on those who do not.

They added that right to work checks can be completed by either a manual check, checking using a digital verification service, or a Home Office online check.