From 1 October 2026, the UK’s right to work check requirements will undergo its most significant expansion in over a decade. These reforms will reshape compliance obligations for all businesses and organisations regardless of size or the resources. Here we outline what is changing, who is affected, and what you should be doing now to prepare for the UK Right to Work changes.
Why are the UK Right to Work rules changing?
The new rules aim to strengthen enforcement against illegal working and close compliance gaps created by modern labour models such as gig‑economy platforms, subcontracting chains and casual work arrangements.
Civil penalties remain substantial — up to £60,000 per illegal worker — and criminal liability continues to apply where an employer knew or had reasonable cause to believe illegal working was taking place.
The current position
Statutory right to work checks currently apply to:
- Employees engaged under contracts of employment, service, or apprenticeship.
- Sponsored workers (under separate sponsor licence duties).
Self‑employed individuals genuinely operating their own business are generally outside the statutory scheme.
Changes to UK Right to Work from 1 October 2026
The new rules will apply to businesses engaging:
- Individuals under a worker’s contract (contract for services)
- Individual subcontractors engaged through supply chains
- Workers engaged via online matching services (gig‑economy platforms)
This marks a major shift as right to work checks will no longer be limited to traditional employer‑employee relationships.
Liability may pass up the contractual chain where the direct employer cannot be identified or where prescribed compliance requirements are not met.
Businesses and organisations may face civil penalties even without a direct contract with the worker.
Organisations engaging ad‑hoc or shift‑based workers must conduct right to work checks even where there is no ongoing obligation to offer or accept work.
Employers using a Digital Verification Service Provider (DVSP) must ensure the provider is government‑registered.
The Home Office has published draft updates to:
- The Code of Practice on preventing illegal working
- The Employer’s Guide to Right to Work Checks
- The Code of Practice on avoiding unlawful discrimination
These will all take effect on 1 October 2026.
Civil penalties under the expanded regime apply only to working arrangements commencing on or after 1 October 2026.
What you need to do now
- Identify all individuals who may fall within the expanded scope—particularly contractors, consultants, gig‑workers, and subcontractors.
- Ensure contractual terms include:
- Clear identity verification requirements
- Substitution controls
- Right to work compliance obligations
These are essential to establish a statutory excuse under the extended liability model.
Update recruitment workflows to ensure right to work checks are triggered for:
- Workers’ contracts
- Zero‑hours engagements
- Platform‑based arrangements
Confirm DVSPs are government‑registered and compliant with new requirements.
Consider what training needs you may have. Any training should cover:
- Expanded definitions of “employer”
- Supply‑chain liability
- Correct use of digital verification
- Avoiding discrimination during checks
As always, if you want to discuss any of the upcoming changes to the UK Right to Work checks, please get in touch.
