Right to work checks have long been part of the recruitment process, with UK employers required to confirm that individuals have the legal right to work before they start employment and retain appropriate evidence. However, from October 2026, these responsibilities are expected to extend to a wider range of working arrangements, including casual workers, contractors, subcontractors and individuals providing services through online platforms.
The changes follow the Border Security, Asylum and Immigration Act 2025, which received Royal Assent on 2 December 2025. Although the detailed regulations are still awaited, the Home Office has published a draft Code of Practice expected to apply to new employment starting on or after 1 October 2026 and repeat checks carried out from that date.
What Is Expected to Change?
Currently, right to work checks are mainly associated with employees and workers engaged directly by a business. The proposed changes are expected to widen these responsibilities to include casual workers, temporary workers, self employed contractors, subcontractors and people providing services through online matching platforms.
This could particularly affect businesses operating in construction, hospitality, logistics, beauty, delivery services and warehousing, where flexible working arrangements are common. Employers may need to take greater responsibility for ensuring that individuals carrying out work for their business have the appropriate permission to work in the UK, even where they are not employed through traditional arrangements.
Why Employers Need to Review Their Processes
Many businesses already have established right to work procedures for permanent employees, but informal arrangements can fall outside these processes. Managers may arrange temporary cover, bring in casual workers or rely on subcontractors without considering whether additional checks are necessary.
These situations can create compliance risks, particularly where responsibility for completing checks is unclear. Failure to meet the relevant requirements can lead to civil penalties, reputational damage and, in more serious circumstances, criminal sanctions.
Subcontractors and Supply Chain Responsibilities
Businesses that rely on subcontractors should pay particular attention to the expected changes, as assuming that another company is entirely responsible for right to work checks may no longer be sufficient.
Employers should review their contracts with subcontractors and service providers to establish who is responsible for completing checks, whether evidence can be requested and what happens when a subcontractor sends a replacement worker. Having clear arrangements in place can help prevent important checks from being overlooked.
Digital Checks and Avoiding Discrimination
The Government is continuing to move towards digital verification, with the updated framework expected to place greater emphasis on certified digital verification services. Although these services may make checks more consistent and reduce administrative errors, employers will remain responsible for ensuring that the correct procedures are followed, appropriate evidence is retained and any necessary follow up checks are completed.
Employers must also ensure that right to work checks are carried out fairly and consistently, without making assumptions based on an individual's name, accent, nationality, ethnicity or appearance. Where someone experiences technical difficulties providing evidence, such as problems with a Home Office share code, they should be given a reasonable opportunity to resolve the issue.
What Should Employers Do Before October 2026?
Although the final regulations have not yet been confirmed, businesses can begin preparing by reviewing everyone who carries out work for them, including employees, casual workers, agency staff, contractors and subcontractors.
Existing recruitment procedures, onboarding documents and supplier contracts should be checked to identify any gaps in right to work responsibilities. Employers should also ensure that managers understand when checks may be required, how to carry them out fairly and what records need to be maintained.
Businesses may also wish to consider whether digital verification services would improve their processes, particularly where they regularly engage temporary workers or individuals through different working arrangements. Carrying out an internal review before the new requirements take effect could help identify potential problems and allow time for necessary changes.
Why Early Preparation Matters
For many businesses, right to work compliance issues arise from gaps in everyday procedures rather than deliberate failures. A manager may assume that a subcontractor has completed the necessary checks, a replacement worker may arrive without notice or a casual arrangement may become regular without the appropriate records being maintained.
The expected changes highlight the importance of treating right to work compliance as part of wider workforce management rather than simply a recruitment task. While employers will need to monitor the final regulations and guidance, reviewing existing arrangements now will help businesses prepare for the wider responsibilities expected from October 2026.
By ensuring that contracts, records and internal procedures are clear and consistent, employers can reduce the risk of compliance issues and approach the changes with greater confidence.
If you’re unsure how these changes might affect your business or would like a little guidance on getting prepared, our friendly team is here to help. Take a look at our Bespoke contracts of employment to see how we can support you.