Right to Work checks: what’s changed from 1 October 2026

An employer checking a CV. Text at the top says "Right to Work changes from 1 October 2026".

From 1 October 2026, Right to Work checks no longer apply only to employees. If you take on workers, individual subcontractors or people found through an online platform, you may now need to check their right to work in the UK before they start. Some businesses can also be held responsible for people they don’t employ directly.

The Home Office has updated its Employer’s guide to Right to Work checks to go with the new rules. Here’s a  summary of what’s new, who it affects and what to do next.

What’s changed for employers

Until now, you only had to check the right to work of people on a contract of employment. The Border Security, Asylum and Immigration Act 2025 widens this. From 1 October 2026, the Right to Work Scheme also covers:

  • people on a worker’s contract, including casual, zero-hours and bank staff
  • individual subcontractors who do the work themselves
  • some arrangements made through online matching services (platforms that connect customers with people offering a service)

The changes aren’t backdated. They apply to new working arrangements that start on or after 1 October 2026. Your existing employees stay under the current rules, including any follow-up checks they already need.

Who needs a Right to Work check now?

You’ll usually need to check:

  • people with a contract of employment
  • people on a worker’s contract
  • individual subcontractors
  • people providing services through some online matching platforms

You usually won’t need to check:

  • self-employed contractors running their own business
  • people working through their own limited company, such as a freelance designer or photographer
  • people who do all their work outside the UK

How the work happens in practice is as important as what the contract says. If you’re not sure where someone fits, the GOV.UK guide has a flowchart, worked examples and a quick answer tool.

What is extended liability?

Before, responsibility for a Right to Work check sat with the direct employer. Now it can also pass along a chain of contracts. This is called extended liability, and it comes from a new section 15A of the Immigration, Asylum and Nationality Act 2006, added by section 48 of the 2025 Act.

Extended liability can apply when:

  • you’re contracted to provide work or services to a client, and you bring in another business to supply the people who do it
  • an online matching service puts a service provider in touch with a customer, and the two then agree a contract
  • you engage someone whose contract lets them send a substitute to do the work instead

In these situations, you may be treated as employing whoever actually does the work. For example, if a business finds a service provider through an online platform, the platform operator is usually responsible for the check, even though there’s no traditional employment relationship.

To protect yourself, the right contract terms and controls need to be in place before the work begins. That might mean requiring suppliers to carry out proper checks, and making sure no substitute starts work until their right to work has been confirmed.

Digital checks: use a registered provider

From 1 October 2026, if you check someone’s right to work digitally, you must use a registered Right to Work Digital Verification Service Provider (DVSP). The provider needs to be on the Office for Digital Identities and Attributes (OfDIA) register and approved specifically for Right to Work checks. A check through an unregistered provider won’t protect you if something goes wrong.

What are the penalties?

The fines for getting it wrong are significant:

  • up to £45,000 per illegal worker for a first breach
  • up to £60,000 per worker for repeat breaches within three years
  • an unlimited fine and up to five years in prison for knowingly employing someone who doesn’t have the right to work

A correct check, done before work starts and properly recorded, gives you what’s called a statutory excuse. This is your defence against a civil penalty, even if it later turns out the person didn’t have the right to work.

What should you do now?

  1. List everyone who does work for you and on what terms, including casual staff, contractors, agency workers and anyone you found through a platform.
  2. Work out which of these arrangements are now in scope.
  3. Review your contracts, especially with third-party suppliers and anyone whose contract allows a substitute.
  4. Check that any digital provider you use is on the OfDIA register for Right to Work checks.
  5. Make sure checks happen before anyone starts work, and that their documents are valid.
  6. Check everyone the same way. Only checking people you think might not be British can be unlawful discrimination.
  7. Keep a copy of each check for as long as the person works for you, and for two years after they leave. The Home Office can ask to see them.
  8. Brief anyone in your organisation who recruits, onboards or manages contractors.

Frequently asked questions

Do I need to recheck my existing staff? No. The new rules apply to arrangements that start on or after 1 October 2026. Keep doing any follow-up checks you already need, for example for staff with time-limited permission to work.

Do the rules cover self-employed contractors? Usually not, if they genuinely run their own business or work through their own limited company. Individual subcontractors who personally do the work can be in scope, so check each arrangement.

How long do I need to keep Right to Work records? For as long as the person works for you, plus two years after they leave.

Read the official guidance

Need help with Right to Work checks?

CBR Business Solutions offers digital Right to Work checks as part of its pre-employment checks, alongside DBS checks. It’s a quick way to check someone’s right to work before they start.

If you have questions about the new Right to Work rules, or anything else, email the CBR team at dbs@cbrsolutions.org.uk.

This post is a summary for general information, not legal advice. Always check the latest GOV.UK guidance for your situation.

CBR Business Solutions is part of Voluntary Norfolk. Income from CBR supports Voluntary Norfolk’s charitable work.