Right to Work Checks

Right to Work Checks – New Rules for Gig Economy Workers

The UK Government has announced significant changes to the illegal working regime, targeting businesses that rely on gig economy and zero-hours workers. Home Secretary Yvette Cooper confirmed that employers will now be legally required to conduct Right to Work (RTW) checks on gig economy and zero-hours workers. This move aims to strengthen immigration enforcement and crack down on illegal working practices.

What Are Right to Work Checks?
RTW checks are a legal requirement for UK employers to verify that all employees have valid permission to work in the country. These checks help prevent illegal working, protect businesses from penalties, and ensure compliance with immigration laws.

Currently, businesses using flexible arrangements are not legally required to check the status of self-employed workers.

Following the announcement, employment checks will now extend to businesses hiring gig economy and zero-hours workers in sectors such as sport and entertainment, construction, food delivery, beauty salons, courier services, and others. These vital checks, which take just minutes to complete, confirm an individual’s immigration status and their legal right to work in the UK.

The Home Office will provide a checking service, with businesses able to utilise digital ID verification technology to support the process. Support is also available for employers with enquiries about the procedure.

This change closes a loophole that has allowed exploitative practices and illegal working in informal arrangements.

What Are the Consequences for Failing to Carry Out RTW Checks?
Businesses that fail to carry out these checks will face the substantial penalties already in place for those hiring illegal workers in traditional roles. These include:

• Fines of up to £60,000 per illegal worker
• Business closures
• Director disqualifications
• Potential prison sentences of up to 5 years

Steps for Employers

• Audit Current Workforce: Ensure all existing gig workers and contractors have valid RTW documentation.
• Use Digital Tools: Adopt the Home Office’s free online service or certified ID verification technology.
• Train Staff: Educate HR teams and hiring managers on the updated requirements.

The extension of RTW checks to gig economy workers marks a critical step in modernising UK immigration enforcement and strengthening the system. By closing gaps in compliance, the Government aims to create a fairer labour market and reduce illegal working.

Businesses must act now to update their processes, avoid penalties, and contribute to a compliant and ethical workforce.

Contact our Immigration Team if you or your business have any concerns following this announcement. Call the team on 0800 413 463 or email info@biscoes-law.co.uk