Right To Work Changes - 1st October 2026

Employers must brace themselves for significant changes to right to work checks starting on October 1, 2026. These modifications will broaden the scope of right to work requirements beyond traditional employees, necessitating that businesses consider a wider array of individuals working on their behalf.

What Is Changing?

According to the Border Security, Asylum and Immigration Act 2025, right to work obligations will now encompass:

• Workers

• Individual contractors

• Individuals engaged through online matching platforms, including gig economy workers

Additionally, these regulations may apply when work is assigned to a subcontractor or another individual. This implies that businesses could face penalties if someone working for them lacks the legal right to work in the UK.

These changes are especially pertinent for businesses that frequently utilize casual workers, contractors, subcontractors, or other flexible working arrangements. By conducting prescribed right to work checks, employers can obtain a statutory excuse, which serves as a legal defense against civil penalties.

What Do Employers Need to Do?

Employers should begin reviewing their existing processes immediately rather than waiting until October. Practical steps include:

• Evaluate your current right to work procedures to identify individuals who may fall under the new requirements.

• Examine your contracts and supply chains, particularly in cases of outsourcing or subcontracting.

• Conduct regular audits of your workforce to pinpoint any compliance gaps.

• Maintain accurate records of the checks performed.

• Train HR staff and managers to understand and consistently apply the new requirements.

• Ensure candidates are given a fair opportunity to demonstrate their right to work if technical issues or other circumstances hinder an immediate online check.

The revised guidance also emphasizes the importance of avoiding unlawful discrimination. Employers must ensure that right to work checks are performed consistently and that candidates are not treated unfavorably due to their nationality or immigration status.

Why Act Now?

The proposed changes could significantly heighten employers’ responsibilities, with penalties for non-compliance likely becoming more severe. As October 2026 draws nearer, reviewing your processes now will allow your business ample time to identify any gaps, update procedures, and ensure that those responsible for recruitment and HR are adequately prepared.