Right to Work Checks: Changes for Employers from 1 October 2026

Why right to work checks matter for employers

A right to work check is a process that employers use to confirm that an individual is legally allowed to work in the UK. Carrying out a compliant check before work starts will give the employer a statutory excuse against a civil penalty if it later turns out the person did not have the right to work. This is vital as otherwise employers may face:

Fines of up to £60,000 per illegal worker.
Sponsor licence action, including suspension or revocation where the organisation sponsors migrant workers.
Increased Home Office scrutiny and compliance visits.
Reputational and commercial consequences, particularly where labour is supplied through agencies or contractors.

What Right to Work Check Changes Apply from 1 October 2026?

From 1 October 2026, the UK’s right to work regime is being significantly expanded. The key change is that, for engagements commencing on or after that date, right to work obligations will no longer be limited to traditional employees and liability may extend up the contractual chain in specified arrangements. Businesses should begin preparing now, particularly those with complex labour supply chains or high volumes of non-employee workers.

Who will need right to work checks from 1 October 2026?

Previously, right to work checks applied only to employees. From 01 October 2026, organisations will also need to carry out checks on:

Workers engaged under worker contracts;
Certain individual subcontractors; and
Individuals supplied or matched through online matching services.

This extends liability past the traditional employer/employee relationship and now covers other arrangements which will particularly affect industries such as construction and food delivery businesses. However, the exact responsibility will depend on the nature of the arrangement and contractual relationships.

When liability may extend up the contractual chain

The new regime also introduces the possibility of liability extending beyond the direct contractual relationship. This includes:

where a person is contracted to provide work or services to a third party and enters into a contract with another employer providing the worker(s) carrying out the work to fulfil that contract;
where an online matching service matches a service provider with a client or customer, and the service provider enters into a contract with the client or customer; or
where an individual is employed under a contract which permits substitution and work is carried out by another individual in their place.

The Home Office will first seek to identify the employer with the direct contractual relationship, and that employer remains responsible for carrying out checks. However, in certain contractual arrangements, liability may extend beyond that employer. The guidance gives examples including a property developer engaging a contractor, which itself engages several subcontractors. In that scenario, liability may extend beyond the subcontractor that engages an illegal worker to entities higher up the chain.

Where extended liability applies, prescribed contractual and operational requirements must be in place to establish a statutory excuse. These include contractual terms requiring the direct employer to carry out right to work checks, including checks on any substitutes, and proportionate identity verification procedures.

It is not intended that the right to work regime will apply to individuals who are genuinely operating independent businesses providing services to clients. Nor is it intended to subject an ultimate client or customer to the regime merely because they are buying services for their own use. Home Office guidance makes clear, for example, that a member of the public engaging a plumber to provide services is not required to conduct a right to work check. However, there will be situations that are less clear-cut, and businesses can no longer assume that an agency or contractor has sole responsibility for compliance.

How Employers Can Prepare for the Right to Work Changes

To prepare for the 01 October 2026 right to work changes, organisations should focus on identifying everyone who may now fall within scope and ensuring there is a clear, auditable checking process. The Home Office’s expanded regime is intended to capture a broader range of labour arrangements, including workers, certain subcontractors and some labour supplied through agencies and platforms.

Before 01 October 2026, businesses should:

Map all categories of labour engagement;
Identify contractors, freelancers and subcontractors who may now fall within scope;
Review agency and supplier contracts;
Clarify responsibility for carrying out checks;
Update onboarding and compliance procedures;
Train HR, legal, procurement and operational teams;
Audit existing records and visa-tracking systems;
Introduce supplier due diligence and audit rights; and
Ensure evidence retention processes are robust.

It is important to note that the Home Office’s focus is on immigration compliance rather than employment status for employment law purposes. Simply labelling an individual as “self-employed” will not necessarily place them outside the regime.

It is important that businesses reinforce that right to work checks must be carried out consistently and fairly for all relevant individuals, regardless of nationality or ethnic origin. The updated Home Office guidance continues to emphasise non-discriminatory checking practices.

The question of which workers are subject to the right to work regime and who is responsible for doing checks will be much more complicated than it was previously. It is highly recommended that organisations affected by this seek legal advice.