Right To Work Checks Are Changing From October 2026: What Employers Need To Know

New right to work rules from October 2026 could extend compliance obligations beyond employees to contractors, subcontractors and other workers.

UK right to work checks are set to change significantly from 1 October 2026. Section 48 of the Border Security, Asylum and Immigration Act 2025 will expand compliance obligations beyond traditional employees and could require organisations to carry out checks on a wider range of workers, contractors and labour arrangements.

For employers, this is not simply a technical legal update. It could change who needs to be checked, when checks should be carried out, and which teams within the business need to be involved.

What is changing?

From 1 October 2026, UK right to work check requirements will extend beyond traditional employment relationships and may apply to certain contractors, subcontractors, workers and individuals engaged through online labour platforms.

Right to work checks have traditionally been a routine part of employee onboarding. Employers carry them out to confirm that an individual has permission to work in the UK and, if done correctly, to establish a statutory excuse against civil penalties if that individual is later found to be working illegally.

Section 48 will widen that focus significantly. The expanded regime will amend the Immigration, Asylum and Nationality Act 2006 so that compliance obligations may apply not only to employees, but also to certain worker contracts, individual subcontractors, and some individuals sourced through online matching services and other non-traditional labour models.

This change reflects the reality of the modern labour market. Many businesses now rely on flexible labour, consultants, agency workers, contractors and gig economy arrangements. The Government’s aim is to close perceived gaps in the current enforcement framework and make it harder for individuals without the right to work in the UK to access work through alternative engagement models.

Why does this matter?

For many organisations, this will require more than a minor policy update. It may mean rethinking how labour is sourced, who is responsible for checks, and how compliance risks are managed across the business.

Businesses should pay particular attention if they engage:

• Agency workers;
• Self-employed contractors;
• Freelancers and consultants;
• Casual and zero-hours workers;
• Workers supplied through subcontracting arrangements; and
• Individuals sourced via online labour platforms

These arrangements may bring more working relationships within the scope of right to work checks, particularly where labour is sourced or managed by teams outside HR.

One key practical point for employers to take on board is that immigration compliance may no longer sit neatly within HR. Procurement teams, operational managers and anyone involved in appointing or managing contingent labour may need to understand their role in protecting the organisation against compliance breaches.

The risks are significant. If the required checks are missed, businesses could face substantial civil penalties of up to £60,000 per illegal worker, reputational damage and, for sponsor licence holders, increased scrutiny of their wider immigration compliance arrangements or even licence revocation.

What should employers be doing now?

Although the changes do not take effect until 1 October 2026, employers should use the lead-in period wisely. Waiting until the rules are in force could leave too little time to identify all labour arrangements, update contracts, train relevant teams and fix gaps in existing processes.

Practical steps to take now include:

• Mapping the different categories of labour used across the organisation.
• Reviewing arrangements with agencies, labour providers and subcontractors.
• Auditing existing right to work checking procedures and record-keeping practices.
• Reviewing supplier, agency and sub-contractor contracts to ensure that appropriate warranties, indemnities and audit rights are in place.
• Training relevant HR, procurement and management teams on the upcoming changes.

Employers should also keep a close eye on further Home Office guidance, which is expected to explain how the expanded regime will operate in practice and will be important in shaping compliant day-to-day processes.

How we can help

The expansion of the right to work regime is likely to affect organisations across a wide range of sectors, particularly those that rely on flexible labour models, layered supply chains, outsourced services or high volumes of contingent workers.

Our Business Immigration team can help you prepare with confidence. We can assess how the changes apply to your organisation, audit your current right to work processes, review arrangements with labour suppliers and subcontractors, and provide practical training for HR, procurement and management teams.

With the implementation date now confirmed, this is the time to get ahead of the changes. A proactive review now can help your organisation reduce risk, strengthen compliance and avoid costly surprises when the new rules come into force in October 2026.

Frequently Asked Questions

When do the new right to work rules come into force?

The changes take effect on 1 October 2026.

Will employers need to check contractors?

Potentially. The new rules may bring certain individual contractors and subcontractors within scope.

What is the penalty for failing to carry out right to work checks?

Organisations can face civil penalties of up to £60,000 per illegal worker.

What should businesses do before October 2026?

Review labour arrangements, audit right-to-work processes, update contracts and train relevant teams.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.