The UK Government has published updated draft guidance ahead of significant changes to the UK's right to work regime, which will come into force on 1 October 2026 under the Border Security, Asylum and Immigration Act 2025.
These reforms represent one of the most significant expansions of employer compliance obligations in recent years.
Until now, the legal duty to conduct right to work checks has primarily applied to individuals employed under a contract of employment or apprenticeship.
From 1 October 2026, the definition of an employer will be considerably wider and will include organisations engaging individuals under a worker's contract, individual subcontractors, and those engaged through online matching platforms that connect service providers with clients.
This means many businesses that previously fell outside the scope of the legislation will now have a legal responsibility to prevent illegal working.
The legislation also introduces extended liability, allowing civil penalties to be imposed beyond the organisation with the direct contractual relationship with the worker. Where labour is supplied through subcontractors, agencies, intermediaries, or digital platforms, responsibility may extend further along the supply chain where compliance obligations have not been met.
The updated Home Office guidance highlights the sectors most likely to be affected. These include construction, hospitality, food delivery, entertainment, and media.
The entertainment industry is likely to face particular compliance challenges due to its reliance on freelancers, production crews, contractors, agencies, and short-term engagements.
With the implementation date approaching, organisations should review their existing right to work procedures, assess relationships with contractors, freelancers, and agencies, update contracts and compliance policies, train HR teams, hiring managers, and operational staff, and audit supply chains to understand where liability may arise.
The expansion of the UK's right to work regime reflects the changing nature of modern working arrangements. Businesses that engage workers beyond traditional employment relationships should act now to review their processes and ensure they are prepared before the new rules take effect on 1 October 2026.
Early preparation will help minimise compliance risks, avoid potentially significant civil penalties, and demonstrate robust governance across the workforce.
If you need any further advice and assistance, please do not hesitate to contact the Quest HR Advice Line on 01455 852028.
