From 1 October 2026, new right to work checks will be introduced, extending the scope beyond the normal employment relationship. The aim is to clamp down on the use of illegal labour and will significantly increase the number of organisations affected by this.
Firstly, an extended right to work regime will be introduced. Currently, employers are only obliged to carry out right to work checks on their own employees. However, from 1 October, organisations will also be required to carry out checks on zero-hours staff, casual workers, ad-hoc recruits, seasonal and bank staff. Additionally, online recruiting services that liaise between service providers and potential customers will also be obligated to carry out checks when they engage or supply staff. However, the new rules will not apply to individuals operating either in their own name or through their own company who engage directly with the service user. This change means more organisations will now be required to carry out checks, even if they are outside of the normal employment relationship.
Secondly, the new regime introduces the concept of “extended liability”. This means that compliance obligations and failures may extend beyond the organisation with the direct contractual relationship with the employee or worker. For example, if an organisation enters into a contract to provide work or services to a third party and then engages another party to supply the workers to deliver those services. Similarly, a matching service that connects service providers with customers will also be affected.
At present, employers can plead the defence of “statutory excuse” when they have carried out appropriate checks, but it subsequently transpires that the individual did not have the right to work in the UK. A fine of up to £60,000 per employee can be imposed where the defence fails. Under the new laws, this defence can be established by conducting the appropriate checks or by complying with certain “prescribed requirements”. The correct route to take will depend on whether there is a direct contractual relationship between the organisation and the individual (if so, they are responsible for carrying out all the checks as before) or if it falls under extended liability as above. Where the Home Office cannot identify an “employer”, liability may be extended to other parties involved in connecting parties or supplying workers.
To prevent liabilities, organisations are advised to draw up commercial contracts with certain provisions with their subcontractors and partners, highlighting the responsibilities for checks and verifications. They should also introduce and implement internal identification procedures to ensure the person carrying out the service is the same person on whom the checks were carried out. This may include the requirement to wear and display a security pass.
By way of consolation, the new laws are NOT retrospective. They apply on or after 1 October 2026. Organisations should be preparing for these changes by:
Reviewing workforce arrangements to see if they are now liable to carry out the checks.
Updating their recruitment and contractual arrangements to ensure checks are carried out where required.
Reassessing their labour supply chains and their contractual arrangements with their suppliers.
Updating internal policies and procedures so that individuals and team members are aware of the extended right to work checks.
The new regime is complex and will cause confusion. This article is intended as an overview and for guidance purposes only. Organisations are advised to seek expert professional advice. Members are advised to call the Quest HR Helpline.
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