Right to Work Checks Are Changing from 1 October 2026: What Employers and Contractors Need to Know
From 1 October 2026, the UK’s Right to Work legislation is expanding significantly.
Until now, most organisations have only needed to carry out Right to Work checks on employees. From October, the rules will also apply to a wider range of working arrangements, meaning businesses that engage agency staff, subcontractors, contractors, gig workers or labour through supply chains may have new legal responsibilities.
If your organisation relies on temporary labour or outsourced services, now is the time to prepare.
What’s changing?
The changes are being introduced through the Border Security, Asylum and Immigration Act 2025, extending the existing Right to Work regime beyond traditional employment relationships.
For many employers, this means reviewing recruitment, onboarding and supplier management processes before the new rules come into force.
Why it matters
Failing to carry out compliant Right to Work checks can result in substantial penalties:
- Up to £45,000 per illegal worker for a first breach.
- Up to £60,000 per illegal worker for repeat breaches.
Alongside financial penalties, businesses could also face reputational damage, increased Home Office scrutiny and sponsor licence compliance issues.
Who could be affected?
The expanded rules are expected to apply to a much wider range of workers, including:
- Workers engaged under worker contracts
- Individual subcontractors
- Agency workers
- Labour supplied through subcontracting chains
- Gig economy workers
- Some online platform workers
Exactly who is responsible will depend on how the individual is engaged, so it’s important to review your workforce and labour supply arrangements.
Labour supply chains
One of the biggest changes is the introduction of extended liability.
In some situations, organisations higher up a labour supply chain could become liable if illegal working is identified further down that chain. Businesses can no longer assume that recruitment agencies or subcontractors have completed all the necessary checks.
Reviewing supplier contracts, clearly defining responsibilities and keeping evidence of compliance will help reduce risk.
What about self-employed contractors?
Not everyone will fall within the new rules.
Individuals who are genuinely self-employed and operating their own independent business are expected to remain outside the scope of the legislation.
However, simply describing someone as “self-employed” in a contract isn’t enough. Businesses should consider how the working relationship operates in practice, including whether the individual works personally, can send a substitute, operates their own business and works independently rather than through a labour supply arrangement.
Using agency workers?
Where an agency is the direct employer, it will often remain responsible for carrying out Right to Work checks.
However, businesses should still understand where responsibility sits and ensure supplier agreements clearly set out compliance obligations. Strong due diligence will become increasingly important as the new rules take effect.
Five steps to take now
Although the legislation doesn’t come into force until 1 October 2026, businesses should start preparing now.
- Review your workforce
Identify everyone providing services to your organisation, including employees, contractors, agency workers and subcontractors. - Review your onboarding process
Make sure your Right to Work procedures cover everyone who may require checks under the expanded legislation. - Review supplier contracts
Confirm responsibilities for Right to Work compliance are clearly documented with agencies and labour providers. - Strengthen identity verification
Ensure you have appropriate processes to confirm that the person carrying out the work is the same individual whose Right to Work has been verified. - Seek expert advice
With further Home Office guidance expected, now is the ideal time to review your compliance processes and identify any gaps.
Preparing for October 2026
While further guidance is expected before the legislation comes into force, the direction of travel is clear.
Businesses that rely on agency staff, subcontractors or outsourced labour should begin reviewing their arrangements now rather than waiting until the deadline. Early preparation gives you time to update contracts, improve onboarding processes and ensure your organisation is ready for the new requirements.
How Staffvetting can help
Preparing now can help reduce compliance risks and avoid costly penalties later.
Whether you need advice on your Right to Work responsibilities or a reliable screening partner, Staffvetting provides fast, secure and compliant Right to Work checks to help keep your organisation protected.
Call 0191 588 7980 or email info@staffvetting.com to speak to our vetting experts.