Right to Work Check Reforms – What Employers Need to Know

On 1^st October 2026, section 48 of the Border Security, Asylum and Immigration Act 2025 came into force and introduced significant changes to the UK’s Right to Work regime.

Employers are now required to conduct right to work checks on a wider range of individuals, beyond traditional employees, such as specified non-employed workers, individual subcontractors and online matching service arrangements.

The Home Office has published guidance for employers on the changes introduced and the steps employers will need to take to ensure compliance and establish a statutory excuse against liability for payment of a civil penalty.

What right to work changes have been introduced?

Right to work checks help employers establish whether an individual has permission to work in the UK and are typically carried out at the start of a working relationship.

Prior to 1^st October 2026, employers were only required to carry out right to work checks on employees. As of 1^st October 2026, employers are required to carry out right to work checks where they employ or engage an individual:

• under a contract of employment (a contract of service or apprenticeship);
• under a worker’s contract;
• as an individual subcontractor; or
• when operating as an online matching service providing the details of an individual who is a service provider to potential clients or customers.

Whether an individual falls into one of these categories will depend on the reality of the working arrangement rather than the label given to it. Organisations should therefore look beyond the contractual description and consider:

• whether they are engaging an individual to provide labour personally or buying a service from an independent business;
• whether they have a direct contractual relationship with the person carrying out the work; and
• who controls access to the work, including any use of a substitute or replacement worker.

Extended liability and labour supply chains

The new regime also introduces extended civil penalty liability. This is intended to address arrangements where labour is supplied through a chain of contractors, agencies, subcontractors and substitution arrangements, and where it may be unclear who is responsible for carrying out right to work checks.

The Home Office has confirmed that the starting point for enforcement action is the organisation that directly employs or engages an individual who does not have a right to work. However, where that organisation cannot be identified, liability may move further up the contractual chain.

For many employers, this means right to work compliance is no longer solely an HR issue. Businesses may also need to review contractor arrangements, supplier relationships and procurement processes to ensure responsibilities are clearly defined and documented.

Which sectors are most likely to be affected?

The changes apply to all employers, but they are likely to have the greatest impact on organisations that regularly engage labour through contractors, subcontractors, agencies or other non-traditional working arrangements. This may include businesses operating in:

• Construction
• Logistics and transport
• Hospitality
• Manufacturing
• Facilities management
• Security and cleaning services
• Recruitment and agency services
• Platform-based businesses

Employers in these sectors should review their arrangements carefully to ensure they remain compliant with the expanded right to work requirements

Why have the right to work changes been introduced?

The changes are intended to clamp down on illegal working in the UK by closing gaps in the previous regime and ensuring that individuals carrying out work for an organisation have a legal right to do so.

The government has recognised that, in the modern labour market, many individuals work for employers through arrangements other than traditional employment relationships. As a result, right to work checks should be conducted on a wider range of individuals than just employees.

What are the consequences of a failure to comply?

If an employer is unable to establish a statutory excuse, they may face a civil penalty of up to £60,000 for each illegal worker, which is a significant amount.

Right to work failures can also result in increased regulatory scrutiny, reputational damage and operational disruption during investigations. Therefore, the importance of carrying out compliant Right to Work checks cannot be understated, and employers will need to ensure that they are consistent with carrying out the relevant checks.

What should employers do in light of the changes?

Employers will need to demonstrate that they are complying with the regulations by taking appropriate steps to establish an individual’s right to work and maintaining accurate records.

If they haven’t done so already, employers should:

1. Consider the types of workers they currently engage and identify those who may fall within the expanded scope.
2. Review contractor, agency and subcontractor arrangements to establish who is responsible for carrying out right to work checks.
3. Review substitution clauses and replacement worker arrangements.
4. Check existing right to work procedures and record-keeping are fit for purpose.
5. Ensure appropriate training is given to those who typically carry out right to work checks (such as HR and recruitment staff) so that they are aware of the increased requirements.
6. Make sure that all substitute workers complete a right to work check before they carry out any work.
7. Review and monitor internal processes regularly to ensure consistency across the organisation.

Where gaps are identified, employers should take steps to address them as soon as possible and retain evidence demonstrating compliance with the Home Office requirements.

How Swinburne Maddison can help

The expanded right to work regime raises issues that extend beyond immigration compliance. Employers may need to review workforce structures, contractor arrangements, procurement processes and employment law risks to ensure they remain compliant. Our Employment Law team can advise on the implications of the reforms, review existing practices, provide training and help businesses implement robust compliance procedures.