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The Right to Work scheme ensures that only those who are legally entitled to work in the UK can access employment. The scheme aims to tackle and deter irregular migration, to secure compliance with and help to enforce UK immigration laws, and to support efforts to tackle those who exploit vulnerable migrants.
The scheme requires all employers in the UK to carry out prescribed right to work checks prior to employing someone of any nationality. It is underpinned by civil and criminal sanctions for non-compliance.
The existing scheme applies to individuals classified as an "employee". This means that employers who use 'workers' or 'self-employed' individuals do not have a legal responsibility to carry out right to work checks to ascertain if the individual is eligible to work in the UK.
Developments in the modern labour market have brought changes to the working environment and introduced new risks to illegal working. The common factor is the use of self-employment. There is increased usage of agency workers and casual contract arrangements where employers exchange money for labour, commonly referred to as the "gig economy". In other sectors such as construction, the lack of oversight takes the form of sub-contracting, while in areas like care or hospitality it is linked to the use of intermediaries or agencies.
This means there are sectors of the labour market where businesses can engage workers without the responsibility to ensure individuals are permitted to work in the UK and complete the right to work checks.
As we highlighted in our previous blog, the government added a clause to the Border, Security, Asylum and Immigration Bill which intends, following consultation, to extend the right to work checks to those in non-traditional employment relationships. That consultation period is now open until 10th December 2025.
The extension of the Right to Work scheme will ensure those who engage individuals as casual or temporary workers under a worker's contract, individual sub-contractors, and online matching services (that provide details of service providers to potential clients or customers for remuneration), are required to carry out right to work checks. The associated civil and criminal sanctions for non-compliance will be applicable in these circumstances.
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