“New UK right to work rules will extend liability across engineering subcontracting chains from October 2026”, writes Senior Associate Ben Maitland in The Engineer. “From 1 October 2026, such arrangements acquire a new legal risk in the most significant expansion of the UK’s right to work regime since it began. The government insists that this expansion of organisations’ liability reflects modern working practices.”
On 1 October, the definition of “employment” for right-to-work purposes extends beyond direct employees to cover workers’ contracts, casual and agency-style labour, individual subcontractors and online platforms that match service providers with clients. At the same time, a new concept of “extended liability” means that where a business is contracted to provide work or services and subcontracts any part of them, it can be held liable for a civil penalty if anyone brought in to work on the project does not have the right to work. This extends down subcontracting chains.
The right to substitution in workers’ contracts also creates liability from 1 October. If a substitute enters a project without a prior right-to-work check, the engaging firm may also be liable if they work illegally. Extended liability does not apply to clients, customers or end-users at the top of the chain who are purchasing work or services for themselves rather than providing them onwards to a third party.
Ben’s explainer in The Engineer examines what firms can do to protect themselves in the face of this expansion of right to work liability.
“Protecting your organisation will mean drawing up new compliant right to work practices and mapping every worker engagement against the new definitions of employment to understand your liability,” he writes. “Immigration and other legal advice may be necessary for this, as well as for building the prescribed requirements into contract templates and flowing them down with check-before-start workflows behind every substitution clause. Ensuring those who control access to sites and facilities and oversee procurement and operations understand the new requirements may become as essential as checks which up to now sat solely with HR.”
Read Ben's full article in The Engineer
Talk to Ben Maitland about these and other UK immigration matters
Free webinar: Right to work October changes. Is your organisation ready?
Right to work checks are expanding in October 2026: What you need to know
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