Right to work checks are changing: what employers need to know

From 1 October 2026, changes to the UK’s right to work regime now mean that businesses will need to look more closely at contractors, subcontractors and individuals providing services through online platforms, rather than focusing solely on their employees.

The changes are particularly important for businesses that rely on flexible or non-traditional working arrangements. With civil penalties for illegal working potentially reaching £60,000 per worker, now is a good time to make sure your right to work processes remain up to date.

So, what has changed and what should businesses be thinking about?

Right to Work Checks Are No Longer Just About Employees

One of the most important changes is the expansion of the right-to-work checking requirements beyond traditional employment relationships. Separately, new ‘extended liability’ provisions may make another party liable in certain contractual chains, online matching arrangements and arrangements involving substitution.

From 1 October 2026, the regime extends to certain individuals working under worker contracts, individual subcontractors and individuals providing services through online matching platforms.

The Government’s latest guidance to employers on carrying out right to work checks refers to looking beyond the label attached to an arrangement. Simply describing someone as ‘self-employed’ or an ‘independent contractor’ will not necessarily mean they fall outside the right to work regime. What matters is the nature of the arrangement and the capacity in which the individual is providing their services.

That does not mean that every self-employed person now needs a right to work check. Individuals who genuinely operate their own independent businesses and provide services directly to customers may remain outside the expanded requirements. Where services are supplied through a personal service company, the individual will not ordinarily fall within the definition of an ‘individual subcontractor’ merely because they perform the work personally. However, the contractual arrangements should still be considered carefully, including whether any separate contractual-chain or substitution provisions could apply.

The practical takeaway is that if your business regularly uses contractors or other flexible workers, it is worth reviewing those arrangements to establish whether anyone has been brought within the new rules.

What About Subcontractors?

The changes are also relevant to businesses that use subcontractors or operate through more complex contractual arrangements.

Where individuals provide services through a contractual chain, businesses should assess whether the extended civil penalty regime could apply to them. This does not mean that businesses must themselves check everyone working for a supplier. However, where the extended-liability provisions apply, contractual allocation of responsibility alone may not be sufficient to establish a statutory excuse.

Depending on the arrangement, the potentially liable business may need to ensure that the prescribed requirements are met, including requirements concerning contractual information, assurance that appropriate right to work checks have been completed, record keeping and the provision of information to the Home Office. Arrangements involving a right of substitution are subject to additional controls, including verification of the substitute’s right to work and identity before they begin work.

The practical aim is to identify whether the extended-liability provisions apply and, if so, ensure that the prescribed requirements are satisfied before an immigration compliance issue arises.

What Is Changing with Digital Checks?

Digital verification is another area employers should have on their radar.

Where an employer relies on a Digital Verification Service to establish a statutory excuse for an eligible right to work check, it should ensure that the provider meets the relevant certification and registration requirements.

There is also greater flexibility when checking certain British and Irish citizens. Eligible British and Irish passports, including Irish passport cards, may be capable of digital verification even if they have expired, provided the relevant requirements are met.

Digital checks remain optional, and other prescribed methods of checking an individual’s right to work continue to be available where appropriate.

There is, however, an important point to remember: using a third-party provider does not remove the employer’s responsibility for ensuring that the right to work check has been completed correctly.

What Hasn’t Changed?

Despite the wider scope of the rules, much of the familiar right to work process remains the same.

The appropriate check should still be completed before an individual starts the relevant work. For someone with an eVisa, this will generally mean obtaining a right to work share code and completing the check through the Home Office online service.

Businesses should also retain evidence of the check for the duration of the employment or relevant engagement and for two years afterwards. Where an individual has time-limited immigration permission, a further check may be necessary before their permission expires.

Where someone’s right to work cannot be established through the usual checking methods, the Home Office Employer Checking Service may also be available to confirm their status.

What Should Businesses Be Doing Now?

For employers, the October changes provide a useful opportunity to take stock of existing right to work processes.

In particular, businesses should consider:

• whether they use contractors, subcontractors or other individuals who may now require a right to work check;
• whether responsibility for those checks is clearly set out in relevant contracts;
• whether any Digital Verification Service being used meets the applicable requirements;
• whether appropriate records of completed checks are being retained; and
• whether HR, recruitment and compliance teams understand the changes.

Right to work processes should also continue to be applied fairly and consistently to avoid the risk of unlawful discrimination.

The Bottom Line

Right to work compliance is no longer something businesses can necessarily consider solely when recruiting employees.

For organisations using contractors, subcontractors or other flexible working arrangements, the October changes make three questions particularly important: Who needs to be checked? Who is responsible for carrying out the check? And can the business demonstrate that the correct process has been followed?

Taking some time now to review workforce arrangements, contracts and internal processes can help identify gaps before they become compliance issues and reduce the risk of potentially significant civil penalties.

Wedlake Bell now has a dedicated, specialist Immigration Team who can be contacted for advice and guidance in relation to all immigration and citizenship matters.

This article is for general information purposes only and does not constitute legal advice or a comprehensive statement of the law. Specific legal advice should always be sought in relation to individual circumstances.

Meet the team:

1. 

   • Tim Hayes

   • Partner
   • Employment

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2. 

   • Ashif Ali

   • Immigration Adviser
   • Employment

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View the whole team