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

🇬🇧 United KingdomWork Permits1 recorded versionLast change 11 Sept 2026
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Current rules

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.

Overview

The Border Security, Asylum and Immigration Act 2025 (BSAI 2025) has amended the Immigration, Asylum and Nationality Act 2006, expanding the scope of employers required to conduct right to work checks and the sanctions for non-compliance. These changes extend legal obligations beyond traditional employment to a broader spectrum of working arrangements, including individual sub-contractors and online matching services. Additionally, the BSAI 2025 introduces an 'extended liability', making certain third parties potentially liable for civil penalties related to illegal working.

Who is affected by the latest change

  • All employers in the UK
  • Organisations engaging individuals under a worker's contract
  • Organisations engaging individual sub-contractors
  • Online matching services providing details of service providers to clients/customers
  • Persons contracted to provide work or services to a third party who engage other employers to fulfil that contract
  • Employers whose contractual arrangements allow individuals to substitute their work or services to another individual

What changed in the latest version

Before

The previous employer's guide, updated on 16 July 2026, primarily explained the existing right to work checking process and how employers could establish a statutory excuse against civil penalties. The September draft replaces that version and provides substantially more detailed guidance on the operation of the extended-liability provisions. The earlier framework already required employers to conduct prescribed checks before employment and follow-up checks where appropriate. The September update therefore does not introduce the basic right to work check itself. Instead, it provides a more detailed framework for determining responsibility and establishing a statutory excuse in more complex contractual arrangements.

After

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.

This legislative amendment means that a wider array of organisations will now be considered 'employers' for right to work purposes, incurring new obligations and potential liabilities. Organisations engaging individuals through worker's contracts, sub-contracting arrangements, or online matching services must now conduct prescribed right to work checks to avoid civil penalties. Failure to comply can lead to significant fines, reputational damage, and operational disruption. It also means that entities further up the supply chain or involved in service provision may face 'extended liability' if they fail to ensure compliance, necessitating a review of existing contractual arrangements.

Explained simply

Imagine you run a business, and you need people to do work for you. Before, the rules about checking if someone could legally work were mostly for your direct employees. Now, the government has made the rules much wider. If you hire someone as a sub-contractor, or even if you use an online platform to find someone to do a job, you also have to make sure they can legally work in the UK. If you don't, you could get a big fine, even if they aren't your 'official' employee. It's like making sure everyone involved in your business, no matter how they're hired, has the right to be there.

Frequently asked

Version history

  1. v1Effective 1 Oct 2026PublishedCritical impact
    UK Extends Scope of Right to Work Checks to Include Wider Working Arrangements and Introduces Extended Liability for Employers

    The UK's immigration rules for right to work checks are changing, with the Border Security, Asylum and Immigration Act 2025 (BSAI 2025) significantly broadening the definition of 'employer' and the scope of civil penalty liability for illegal working. This update expands the right to work scheme beyond traditional employment to include those engaging individuals under worker's contracts, individual sub-contractors, and online matching services. Furthermore, civil penalty liability can now extend to third parties in complex contractual arrangements. These changes mean more organisations and individuals will be responsible for preventing illegal working in the UK.

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