Prepare your business for Right to Work changes this week

By Sarah Croft | September 29, 2026 | News, Right to Work

The Right to Work scheme expands this Thursday, on the 1st of October. Businesses must ensure that eligible staff have completed Right to Work checks and they have the right contractual measures in place, before the changes take effect. 

This is a quick-fire blog to give you the most important details, and a final look at what you need to do before the changes take effect.  

Key summary 

• The Right to Work scheme is expanding to cover non-traditional employment contracts
• Extended liability means the liability for not completing a Right to Work check may travel along the chain of contracts if no direct employer can be identified
• From October, employers completing checks digitally must use an OfDIA registered Right to Work DVSP 

The essential changes 

Previously, an employer was only liable for Right to Work checks on ‘direct’ employees. To further prevent illegal working in the UK, amendments to the Border Security, Asylum and Immigration Act 2025 (BSAI 2025) now require those classified as ‘workers’ – not just ‘employees’ – to complete Right to Work checks.  

The expanding scheme 

Individuals who now require Right to Work checks include: 

• Those with a contract of employment
• Those on a worker’s contract
• Individual subcontractors
• Online matching services 

Individuals who are not in scope include: 

• Self-employed contractors
• Individuals who have their own personal service company (e.g. solo designers or photographers)
• Individuals who work outside the UK 

Whilst the wording of the guidance remains deliberately vague to help cover as many working arrangements as possible, the Government has at least set out a list of factors to consider who falls into scope, including: 

• Are individuals personally carrying out work or services under the arrangement?
• Who engages, supplies or arranges the individuals who undertake the work or services?
• Who determines, approves or replaces the individuals who undertake the work or services?
• Is the arrangement primarily for the provision of individuals to undertake work or services, or is the organisation procuring the delivery of a defined service or outcome from another independent business? 

Extended liability 

An employer with a direct contractual relationship with a worker is responsible for completing their Right to Work checks. For example, where Company A sources a service provider via an online matching platform, the platform operator is generally treated as the responsible party for completing the Right to Work check, even though there may be no ‘traditional’ employment relationship between them. 

However, if no direct contractual relationship can be identified, responsibility for completing a Right to Work – and the civil liability that comes with non-compliance – can travel along the contractual chain.  

Using the example above, the Right to Work responsibility for the workers sits with the matching service but extended liability is likely to arise if Company A is using the matching service to fulfil a service obligation it owes to its own clients – in that scenario, Company A could face civil penalty exposure if the platform’s checks are found to be non-compliant. Where the contract with the service provider includes a right of substitution, additional prescribed substitution controls will also need to be in place. 

A list of examples and a flowchart of decision making can be found in the Employer’s guide to Right to Work checks guidance. 

Digital checks 

From October onwards, only certified Right to Work Digital Verification Service Providers (DVSPs) who are registered on the Office for Digital Identities Attributes (OfDIA) and approved for Right to Work may provide a statutory excuse for digitally completed Right to Work checks. 

Make sure, if you’re checking someone via the digital route, that you are using one of these providers. Additionally, if you are completing a check through an intermediary rather than the DVSP directly, the intermediary must clearly state which registered DVSP they are using. 

[H2] Civil liability penalties 

First-time Right to Work offences can lead to civil penalties of up to £45,000. Repeat offences can cost £60,000.  

To knowingly hire someone who does not have a Right to Work check can lead to unlimited fines and up to five years in prison.  

[H2] What your business needs to do to prepare 

Your business must ensure that all eligible workers and employees are checked before the changes take effect to stay compliant. This means: 

• Creating a list of all the working arrangements your business uses (e.g. agency staff, subcontractors, direct employees, etc.) 

• Reviewing contracts to ensure everyone eligible has a Right to Work check – this can include chasing up with third party suppliers if you have hired help from elsewhere 

• Having the facilities to store Right to Work checks for the entire duration of an individual’s employment, plus two years extra in case of Home Office audits 

[H2] Support from TrustID 

TrustID are the leading providers of Right to Work checks in the UK, supporting thousands of businesses with their verification needs. As a certified Right to Work Digital Verification Service Provider, our team is here to help you remain compliant and penalty free. Simply get in touch today to find out more.