Right to work changes - are you ready?

A version of this article first appeared in Personnel Today on 25 September 2026.

The UK government is significantly expanding the Right to Work regime from 1 October 2026 and employers are advised to review their arrangements now to ensure compliance with the new rules.

The most significant change is the extension of Right to Work checks beyond traditional employees. The new regime will apply to a broader range of working arrangements. This is an important development for businesses that rely on flexible labour and those that have historically regarded contractors or self-employed individuals as being outside the scope of right to work compliance.

Right to work: What is changing?

The basic right to work principles remains the same - organisations must check an individual’s right to work before they start their role and must establish that they have permission to work in the UK. 

What is changing is who falls within the Right to Work regime. From 1 October 2026, the scheme will cover not only those employed under a traditional contract of employment, but also includes the likes of contractors, agency workers, sub-contractors and certain gig economy workers.

For businesses, this means that simply asking whether someone is an “employee” will no longer be enough.  One of the key practical questions will be whether an individual described as a contractor or self-employed person falls within the new regime.

Not every self-employed individual will automatically require a Right to Work check. The latest guidance from the Home Office gives examples of genuinely independent businesses, such as a plumber operating their own business and obtaining work from multiple customers, where a Right to Work check is not required.

What happens if a business gets it wrong?

The consequences of failing to comply can be significant.

A correct Right to Work check provides an employer with a statutory excuse against liability for a civil penalty, provided the prescribed process has been followed and any required follow-up checks are completed.

The maximum civil penalty for employing an illegal worker is currently £45,000 per worker for a first breach, with fines of up to £60,000 per worker for subsequent breaches.  There can also be criminal consequences where an organisation knowingly employs someone who does not have the right to work. Businesses should therefore take the new requirements seriously.

What should employers do now?

I would recommend that businesses take five practical steps.

• First, know your workforce. Look beyond employees and identify workers, contractors, subcontractors, agency workers and other individuals providing services.

• Second, review your contracts. Consider whether existing contractual labels accurately reflect the working arrangements and whether those arrangements fall within the expanded regime.

• Third, review your supply chain. Establish who is responsible for Right to Work checks and whether appropriate contractual protections are in place.

• Fourth, update your policies and training. HR, recruitment, procurement and operational teams should understand the new requirements.

• Finally, audit your processes. Make sure checks are being completed using the prescribed Home Office online service, permitted digital verification process or manual document procedure, and that appropriate records are retained.

  
  

Preparing for 1 October

The extension of the Right to Work regime reflects the reality of a labour market where businesses increasingly use a combination of employees, workers, contractors, subcontractors and digital platforms.

For employers, the message is straightforward, don’t assume that someone falls outside the Right to Work regime simply because they are not an employee.

These changes provide a clear opportunity for businesses to review how their workforce is structured and whether their immigration compliance processes reflect the reality of those arrangements.

With the deadline approaching, now is the time to identify any gaps, update contracts and processes, and ensure those responsible for engaging people understand the new requirements.

If you would like advice on how the 1 October 2026 changes affect your organisation, please contact our Immigration team.

Rebecca Tester is a partner at Constantine Law.