From 1 October 2026, businesses must conduct right-to-work checks on a wider range of individuals, including contractors, freelancers, gig-economy workers and agency workers. The change, introduced under the Border Security, Asylum and Immigration Act 2025, is intended to prevent businesses from avoiding immigration controls through alternative labour models.
Previously, the statutory checking regime focused principally on employees. Businesses may now be liable where individuals working on their behalf do not have permission to work in the UK, even if those individuals are engaged through an intermediary or treated as self-employed.
Non-compliance may result in civil penalties of up to £60,000 for each illegal worker. Serious cases may also lead to criminal sanctions and director disqualification.
The reforms form part of a broader government crackdown on illegal working. Recent enforcement activity has concentrated on sectors including delivery, warehousing and other platform-based work, where account sharing and unauthorised substitution have been identified as particular risks. The extension has nevertheless prompted concerns within the recruitment sector about duplicated checks, slower recruitment and increased administrative burdens for end-hirers.
Practical steps for businesses
Businesses should now:
- Identify all employees, contractors, agency workers and other individuals working on their behalf;
- Update onboarding procedures to cover non-employees;
- Clarify contractual responsibility for checks with agencies and subcontractors;
- Ensure checks are completed in the prescribed manner and retained securely;
- Introduce follow-up checks for individuals with time-limited permission; and
- Review controls addressing substitution and account sharing.
Reliance on checks conducted by an agency or platform may not protect an end-hirer from liability. Businesses should therefore review their entire workforce and supply chain rather than limiting compliance procedures to directly employed staff.
For advice or further information on these new obligations, call Henry Doswell of Doswell Law Solicitors on 01233 722942. Alternatively, email Henry at henry@doswell-law.com
Disclaimer: Whilst every reasonable effort is made to make the information and commentary contained in this blog accurate and up to date, Henry Doswell takes no responsibility for its accuracy and correctness, or for any consequences of relying on it. The information and commentary in this blog does not constitute legal advice to any person on a specific case or matter. You are strongly advised to obtain specific, personal advice from a lawyer about your case or matter.