Right-to-work checks are changing. Is your workforce ready for October 2026?

The government is expanding the scope of right-to-work (RTW) checks, with significant changes coming into force on 1 October 2026.  The legislation this time is part of the Border Security, Asylum and Immigration Act, which aims to use right to work checks to remove the “pull factor” of the gig economy in the UK, which may be an incentive for illegal immigration. More broadly, the new rules will affect individual subcontractors, those working through online service matching businesses, or anyone engaged under a worker’s contract for an organisation. The changes will place greater responsibility on organisations that use labour through supply chains, particularly where a worker’s direct employer cannot be identified. 

An “extended liability” regime is also coming into play, which places responsibility for compliance on employers in larger supply chains. In simple terms, if an organisation has someone working on its behalf who is not employed directly by it, such as a worker engaged through a subcontractor, it could potentially become liable where illegal working is identified and the worker’s direct employer cannot be identified. 

The fundamental requirement to carry out a compliant right to work check has not changed. However, the Home Office has updated its guidance to reflect the move towards eVisas and digital status checks, revised the list of acceptable documents in some areas, and clarified the circumstances in which digital verification services can be used. Employers must continue to use one of the prescribed right to work checking methods and cannot rely on documents outside those permitted by the Home Office guidance. 

The full breakdown 

From 1 October 2026, right to work checks must be carried out for individuals engaged by your organisation under any of the following arrangements: 

• Employees engaged under a contract of employment. 
• Individuals engaged under a worker’s contract who undertake to perform work personally. 
• Individual subcontractors who personally carry out work for the organisation. 
• Individuals engaged through an online matching service business that matches service providers with clients or customers for a fee or commission. 
• Any individual who is actually performing the work for the organisation where a substitute arrangement applies and the right to work legislation requires checks on that individual. 

Genuinely self-employed individuals operating their own independent business and contracting directly with clients on a business-to-business basis will generally fall outside these requirements. 

There’s no change to how this will work in practice so if you are currently doing pre-employment RTW checks on your employees, keep doing those. Where your obligations extend, however, is to subcontractors and those falling within the worker categories outlined above. You will need to ensure that appropriate checks are carried out for these individuals, even if you are already working with them.

In-house Employment Solicitor Helen Hancock suggests doing so soon: 

‘Before 1 October 2026, we strongly advise carrying out the same pre-employment checks on existing workers within your supply chain, as you would when a new employee starts. It’s also worth reviewing how you identify and record the status of everyone who carries out work for your business.

Job titles and contract labels can be misleading, so don’t rely on whether someone is described as a freelancer, consultant or contractor. What matters is the practical arrangement: who is doing the work, who they are doing it for, and whether they are personally providing services as part of your workforce.’ 

What is “extended liability”? 

Extended liability is one of the most important parts of the new rules. It means that, in certain circumstances, organisations further up a labour supply chain could be held responsible if illegal working is discovered and the worker’s direct employer cannot be identified. 

This is designed to stop businesses from avoiding responsibility by using complicated subcontracting arrangements or online platforms. If your organisation uses labour supplied by another business, you may need to show that you have taken reasonable steps to ensure right-to-work compliance is being managed properly. 

What should employers do now? 

With the changes coming into force on 1 October 2026, the best place to start is with an audit of your workforce. This should include anyone carrying out work for your organisation who is not on a standard employment contract, such as casual workers, freelancers, individual subcontractors, agency staff and people engaged through online matching platforms. 

You should also review your onboarding process so that right-to-work checks are built in for all relevant working arrangements, not just employees. This may mean updating internal policies, training managers and making sure HR, procurement and operational teams all understand when checks are required. 

Where you use labour providers, subcontractors or agencies, your contracts should also be reviewed. In particular, you may need clauses requiring providers to carry out compliant right-to-work checks, prevent unauthorised subcontracting, cooperate with audits and provide evidence of compliance if requested by the Home Office. 

The bottom line 

The expansion of RTW checks is a significant change for any business that relies on flexible labour. Even where your workforce appears straightforward, it is sensible to check now whether any contractors, freelancers, substitutes or platform workers fall within the new rules. 

Getting ahead of the change will help reduce the risk of civil penalties, avoid disruption to your workforce and give you confidence that your business can evidence compliance if challenged. 

If you’re unsure whether the new rules apply to your organisation, or you need help reviewing your contracts, onboarding process or wider workforce arrangements, SafeHR can help. Speak to our expert HR and employment law team today for practical advice tailored to your business.