Are the government looking to extend Right to Work checks beyond employees?
The Border Security, Asylum and Immigration Act 2025 (the Act) received Royal Assent on 2 December 2025 and, when fully implemented, will result in the extension of Right to Work checks to various other working arrangements. These include individuals engaged as casual or temporary workers or zero-hours workers, where there is an obligation of personal service and the engager is not operating as the individual’s client or customer.
Individual subcontractors are also likely to fall within the scope of the Act where a party has contracted with a third party to provide, or arrange for the provision of, work or services. This could result in the primary contractor being required to carry out the relevant checks and face penalties for any breaches, even where they do not have a direct contractual relationship with the individual.
Online matching services that introduce service providers to clients for a fee or commission may also be caught by the Act, even where there is no direct contact between the parties or where the identity of the worker is not known in advance.
The Immigration Advisory Authority (IAA) will provide updates on the implementation of the Act and timelines via its website, together with direct communications to some business sectors. As civil penalties have recently increased to £45,000 for a first breach and £60,000 for a repeat breach per illegal worker, together with other potential enforcement action, employers must ensure they are ready to comply with the extended statutory Right to Work checks and have acceptable, audited written records in place so they can rely on the statutory defence if the IAA investigates.
If you require any further assistance, please do not hesitate to contact our HR/Legal advice line team at 01455 852 028.
