19 October 2026
Right to Work Checks Are Changing: What Businesses Need to Know
From October, businesses using subcontractors and gig workers will have increased responsibilities to check the right-to-work status of these workers, and potentially severe penalties for errors
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Steven, Associate Director
“To bring immigration compliance up to date with modern working arrangements, we’re seeing the government introduce some of the most significant changes in recent years. The expansion of checks beyond traditional employment relationships means businesses must take a far broader view of immigration compliance. Proactive preparation over the coming months will be essential to mitigate risk and ensure business continuity.”
What is changing?
Right now, businesses are obliged to check the legal right to work only for people they directly employ. But from October, this is set to expand to cover contractors and subcontractors, gig and casual workers, and service providers hired through an app or online matching platform. Essentially, if someone is doing work connected to your business, a right to work check may be required depending on the relationship and type of engagement. At the moment this is based on draft guidance, and the fine details on exactly who is affected could shift before October. However, it’s certainly worth planning ahead if your business uses sub-contractors or gig workers.
Who is affected?
This is likely to have a particular impact on construction where large chunks of the workforce are self-employed. It will also affect delivery/courier platforms, agencies and any business with a long subcontracting chain. The duty to check a person’s immigration status is expanding to cover these kinds of roles. Essentially, if your business uses freelancers, casual staff, or subcontracted labour in any way, this affects you. From October, liability travels up the chain, and the penalties can be eye-watering.
What happens if a business gets it wrong?
The penalties are up to £45,000 per worker for a first offence, and up to £60,000 per worker for a repeat offence within 3 years (alongside a mandatory digital identity verification step through a government-certified provider). Serious cases can mean criminal charges up to 5 years in prison, plus unlimited fines.
What should businesses be doing to prepare?
There are important steps that businesses can take now, regardless of the fine details of the rules yet to be mapped out. You can detail labour arrangements across the business, review contracts with sub-contractors, and put checking processes in place. Map your workforce, adapt recruitment processes, and tighten your contracts if necessary and brief your teams. As with many facets of immigration law, sound record-keeping is vital.
If you need further advice regarding Right to Work checks or any other area of immigration law then speak to one of our expert caseworkers.
