For those starting work on or after 1 October 2026, right to work (RTW) compliance will tighten and the types of individuals who must be checked will widen. We look at how those affected should act now to update policies, contracts, and workflows.
Employers are legally required to ensure individuals working for their business have the right to work in the UK. Failure to do so can result in civil penalties of up to £45,000 per illegal worker, or £60,000 for repeat breaches and criminal exposure in serious cases, reputational damage, disruption to operations, and the loss or downgrading of sponsor licences. Employers can establish a "statutory excuse" against civil liability by conducting prescribed checks before any work is carried out.
What is changing and why it matters
From October 2026, the Border Security, Asylum and Immigration Act 2025 (the Act) expands the right to work scheme beyond employees to include workers, including zero hours and casual workers and those engaged under non-direct contractual arrangements, such as agency workers, individual subcontractors, and those engaged through online matching services. The Act also introduces the notion of extended liability where civil penalty liability may extend beyond the employer who holds the direct contractual relationship with the worker.
Where an individual is genuinely self-employed and operating independently (i.e. not subcontracted), no RTW check is required. However, if there is any uncertainty as to their status, a RTW check will be good practice.
Non-direct contractual arrangements
Where an individual is provided by a third party, things get complicated. If an agency/employment business supplies individuals directly to the employer, the RTW check is for the agency to complete. The same applies where a matching platform employs or supplies an individual to perform work for the organisation – in that case, the platform is the one to complete the RTW check.
However, in other arrangements, such as where agency workers are used to deliver services for your client, or another business uses agency workers to provide services to you, extended liability may apply. It may also apply where there are multiple parties in a labour chain or where there is a complex or unclear supply route.
Extended liability means organisations can also be held responsible for ensuring the right to work of subcontractors or other non-employees who provide services, even if it does not directly employ the individual. To avoid this, the organisation should identify who is responsible for the RTW check, obtain written assurance and evidence, keep audit rights, and stop or delay work if assurance is not provided.
Practical steps: how to adapt your processes
Every route by which labour enters the organisation, including permanent hires, temps, contractors, outsourced teams, secondees, and volunteers, should be mapped. For each route, define who performs the check, when it is done, how it is verified, and how records are stored.
Contracts with agencies and suppliers also need to be strengthened. They should include warranties that all personnel supplied have the RTW, obligations to conduct checks to the Home Office standard, audit rights, prompt reporting duties if permission lapses, and indemnities for penalties caused by breach. They should also require that named individuals be supplied, not anonymised labour, and prohibit substitution without fresh checks.
Time‑limited permissions also need to be managed. A secure tracker of visa expiry dates and follow‑up check dates should be maintained, with reminders scheduled well in advance. Where Home Office online services show a pending application, record the check outcome and diarise a follow‑up.
