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UK Extends Scope of Right to Work Checks to Include Wider Working Arrangements and Introduces Extended Liability for Emp

From 1 October 2026, the Right to Work Scheme will cover certain worker's contracts, individual subcontractors and online matching services, alongside traditional employment. The updated framework also introduces extended civil-penalty liability, meaning responsibility for illegal working can, in specified circumstances, extend beyond the worker's direct employer. Extended liability can apply to certain contractual chains, online services that connect clients with service providers, and arrangements where a worker is permitted to substitute another person. It does not automatically make every organisation in a supply chain liable. The Home Office will assess the relevant contractual arrangement and identify the party responsible under the rules. A party seeking a statutory excuse against extended liability must meet three main requirements. First, its contract must contain prescribed safeguards requiring the relevant employer or service provider to conduct right to work checks, restricting further subcontracting without consent, allowing compliance audits and requiring cooperation with Home Office investigations. Second, where substitution is permitted, every substitute must undergo a prescribed right to work check before starting work. The responsible party must also have procedures to prevent unchecked substitutes from working and to deal with illegal working. Third, the responsible party must use proportionate identity-verification measures to establish that the person performing the work is the person whose right to work was checked. The guidance gives examples including workplace identification, biometric or attendance systems and facial recognition. Evidence of compliance must be retained. This can include contracts, right to work records, substitution records, audit evidence and identity-verification records. The extended-liability provisions do not apply simply because a business purchases services from another company. The guidance gives examples of ordinary service arrangements, such as a retailer using a facilities-management company for cleaning, that do not automatically create extended liability. The existing right to work system remains unchanged for direct employers. They must continue to conduct prescribed checks before employment begins and follow up checks where required. The draft guidance was published on 11 September 2026 and will come into force on 1 October 2026. Relevant civil-penalty provisions apply to covered employment beginning from that date, while the prescribed contractual requirements apply to relevant arrangements entered into from 1 October.

Jurisdiction

United Kingdom

Category

Work & skilled workers

Recorded versions

1

Official source

gov.uk