Right to Work Changes

30 September 2026

Compliance

UK employers are already required to carry out right to work checks before employment begins to prevent illegal working. When completed correctly, these checks provide a statutory excuse, protecting organisations from civil penalties of up to £60,000 per worker found to be working illegally.

However, significant changes to the right to work regime will come into force on 1 October 2026, extending responsibilities beyond traditional employment relationships and creating new compliance requirements for many organisations.

Current Employer Responsibilities
Employers must verify an individual's right to work before employment starts and carry out an identity check when the employee begins work. Where a worker has time limited permission to work in the UK, follow up checks must also be completed before permissions expire.

Checks can currently be carried out through:

  • A manual document based right to work check
  • A Home Office online right to work check
  • A right to work check using a Right to Work digital verification service provider

The type of check the employer conducts will depend on the individuals nationality and what kind of permission they have to work in the UK. Employers must retain evidence of all checks for the duration of employment and for at least two years after employment ends.

What is Changing?  
Following a government consultation on the prevention of illegal working, new rules effective from 1 October 2026 will significantly widen the scope of right to work obligations. Key changes include,

  • Extension to Agency and Gig Economy Workers
    The right to work scheme will no longer apply solely to employees. Organisations engaging the following type of workers  will also be required to undertake right to work checks
    • Agency workers
    • Zero-hours workers
    • Gig economy workers
    • Individual sub-contractors
  • Broader Definition of Employer
    The definition of 'employer' is being expanded to include organisations and businesses that engage individuals under worker contracts, utilise self-employed subcontractors, or operate online matching platforms connecting workers with clients.Failure to carry out the required checks could result in civil penalties of up to £60,000 per worker.
  • Liability Across Contractual Chains  
    Perhaps the most significant change is the extension of liability through contractual supply chains. Under the new arrangements, organisations may be held responsible even where they have not directly engaged an individual worker, if work has been contracted through multiple parties before reaching that individual. This will require organisations to review contractor management arrangements and strengthen due diligence processes across their supply chain.

What Should Employers Consider 
Auditing current right to work processes and assessing the use of agency workers and subcontractors is a useful starting point. If your organisation has particular supply chain arrangments or contracts with other organisations, these should be reviewed to determine who has liability for carrying out the right to work check. Your own internal policies and procedures should be reviewed in line with the changes and those responsible for recruitment should be clear on the new requirements.