Changes to UK right to work checks from 1 October 2026: what employers need to know

From 1 October 2026, an employer’s obligation to undertake right to work checks will be extended beyond traditional employees. The changes will cover a broader range of working relationships, including subcontractors and workers in the labour supply chain.

These changes are being introduced under the Border Security, Asylum and Immigration Act 2025 and will significantly affect businesses that rely on a broad range of workers, increasing both compliance obligations and potential liability.

What are the key changes?

The definition of ‘employment’

Before 1 October 2026, employers were only required to carry out right to work checks on direct employees and were liable only where they had employed an illegal worker.

However, these new changes broaden the definition of ‘employment’ to include worker’s contracts, contractors and individuals engaged by an online matching service (such as gig workers). This means employers will need to carry out right to work checks in a wider range of situations, including when engaging agency workers, contractors, and zero-hours or temporary staff.

Genuine self-employed workers will generally fall outside this definition. That said, UK Visas and Immigration (UKVI) will consider the actual nature of the working relationship, rather than its label, so employers need to take caution.

The key distinction is whether the individual performs work for the engager or provides services as an independent business. If the individual personally performs the work for the engager, they will fall within the scope of the new rules.

Penalties and liability

The scope of an employer’s liability for failing to carry out the checks has increased. Penalties can be up to £60,000 for each illegal worker engaged.

An employer may be liable even where it has not directly engaged the illegal worker. This could be the case where a subcontractor employs illegal workers, even if the work is subcontracted down the chain, or where a worker engaged by the employer substitutes another individual to complete the work.

How can your business avoid liability?

Businesses can establish a statutory excuse against civil liability by completing a right to work check using one of the following methods:

• Right to Work Digital Verification Service Provider (RtW DVSP);
• Home Office online share-code;
• Manual document-based checks.

The right to work check must be completed before any period of work or services commences and repeated before any time-limited right to work permission expires.

Practical steps employers can take now to ensure compliance

• Train management and HR staff on the changes before 1 October;
• Apply checks consistently to all applicants at the same recruitment stage, regardless of nationality including British citizens;
• Ensure adequate systems are in place to prevent onboarding until the necessary right to work checks have been completed;
• Audit your workforce categories to determine which individuals fall within the new broader definition of ‘employment’ (employees, workers, individual sub-contractors, online matching service providers) and which are genuinely self-employed and therefore outside scope;
• Conduct repeat checks on existing workers with time-limited right to work before their permission expires; and
• Include protections in all new contracts for work or services – for example, require consent to before a worker subcontracts or substitutes the work, and permit audits of any subcontractor’s compliance with the right to work scheme.

Comment

Employers should implement clear policies and procedures to ensure compliance with the changes taking effect from 1 October 2026.

Training staff, reviewing contractual provisions, and completing right to work checks before any period of work commences, will help employers reduce the risk of significant financial penalties for non-compliance.

If you would like to discuss how these changes may affect your business, please contact a member of our Employment team.