Home Office crackdown on illegal workers: preparation and planning
Tuesday 4th November 2025
The Home Office is in the middle of a major crackdown on illegal workers in the UK, detailed in this recent announcement (here).
Much of this activity is focused on the ‘gig economy’. The Home Office is looking at organisations within industries that rely heavily on seasonal and temporary workers, to ensure appropriate processes are in place for verifying all workers’ right to work in the UK. Many clients utilise these types of arrangements, particularly over the Christmas period.
While it is a criminal offence for migrants to work illegally, at present, only companies using traditional employer-to-employee contracts are obliged to verify someone’s immigration (right to work, RTW) status and whether it permits them to work in the UK. If there is reasonable suspicion that a company has illegal workers engaged, the Home Office can attend business premises to conduct searches, which can lead to business interruption and downtime.
However, in 2026, new regulations are coming into force to ensure self-employed workers, like employees, will have to have their immigration status verified by the employer.
Non-compliance by employers can result in criminal prosecutions, fines as well as civil penalties and we are seeing companies looking to review their processes now in order to be prepared for any Home Office scrutiny and mitigate regulatory action.
Organisations should consider the following points:
- Is your business prepared to deal with Home Office investigations and enquiries? What information should be provided, when/how and by what means?
- Can you locate and provide all RTW information with confidence and speed?
- What is your business’s current position on RTW checks for non-employees? What proportion of the workforce is in scope?
- Is there a plan in place for how to address the likely introduction of RTW checks for workers?
We can help
Our employment, regulatory and data protection teams work together to support you in the face of any regulatory investigations and help you shape your long-term compliance strategy.
Get in touch with our experts for further information.
