Right to Work Checks: Incoming Changes

From 1 October 2026, the UK’s Right to Work rules are expected to cover more than just direct employees. This means businesses may need to think carefully about workers, individual subcontractors, labour supply chains and some online platform arrangements.

If your organisation uses flexible labour, outsourced services or contractors, now is the time to review your processes and make sure your right to work checks are ready for the changes.

At the moment, right to work checks are mainly associated with employees. However, many businesses no longer operate through straightforward employment arrangements only. It is common to use contractors, consultants, subcontractors, agencies and online platforms to get work done.

These changes represent a significant overhaul of the UK's Right to Work regime under the Border Security, Asylum and Immigration Act 2025. The reforms extend illegal working compliance obligations and potential liability well beyond the traditional employer-employee relationship. It now captures a wider range of working arrangements, including workers engaged under worker contracts, individual subcontractors and certain online matching services.

Who could be affected?

The changes are expected to widen responsibility beyond traditional employer and employee relationships. This could affect businesses that use:

· Workers who personally provide services to the business.

· Individual subcontractors who are engaged to carry out work themselves.

· Subcontracted labour through a chain of suppliers.

· Online matching platforms that connect people offering services with customers or clients.

What does this mean in practice?

Businesses may need to look beyond their own employee list and consider who is actually doing the work. For example, if a supplier sends an individual to provide services, or a subcontractor personally performs work for your business, you may need to consider whether the right checks have been completed before work starts.

Common scenarios to watch out for:

· Cleaning, catering or facilities contracts: Staff may be supplied through more than one business in a chain.

· Construction projects: Labour may move between contractors and subcontractors quickly.

· Professional consultants: An individual may be engaged personally rather than as an employee.

· Platform-based services: A platform may connect service providers with customers and take a fee or commission.

Practical Steps Employers Must Take Now:

· Map your workforce: Identify everyone who performs work for the business, including employees, workers, contractors, subcontractors and consultants.

· Review your contracts: Make sure supplier and subcontractor agreements include clear right to work obligations, cooperation duties and audit rights.

· Check substitution clauses: If someone else can step in to perform the work, decide how checks will be completed before they start.

· Train key teams: HR, recruitment, procurement, operations and contract managers should understand what is changing.

· Keep clear records: Maintain clear evidence of checks, dates and who completed them.

Why should Businesses prepare early?

Right to work compliance can carry serious consequences if it is not managed properly. Businesses may face the following sanctions:

· Civil penalties of up to £60,000

· Reputational damage

· For sponsor licence holders, possible action against their sponsor licence.

· Up to 5 years imprisonment and an unlimited fine

· Business closure and court-issued compliance order

· Director disqualification

· Seizure of profits from illegal working

Preparing early gives organisations time to review contracts, train staff and build a clear process before the new rules take effect.

If you are unsure whether your current processes will meet the new requirements, it is sensible to seek immigration advice and carry out a right to work compliance review before October 2026.