Right to Work changes are now live: are you prepared?

By Sarah Croft | October 1, 2026 | News, Right to Work

As of 1st October 2026, the new Right to Work changes introduced by the Government to help tackle illegal working have officially gone live.

We’re here with a final reminder of the changes, and what you need to have in place to avoid civil penalties from the Home Office.

A reminder of the changes

1. Expansion of the Right to Work scheme

The key change is the expansion of the Right to Work scheme, which now includes not only direct employees, but also:

• Worker contracts
• Individual subcontractors
• Online matching services
• Agencies

Extended liability

Extended liability means that in certain contractual arrangements, an organisation further up a chain of contracts, an online matching service, or an employer whose contract allows substitution may also be treated as employing the individual who personally carries out the work, and can face a civil penalty. The employer with the direct contract with the worker remains responsible for carrying out the Right to Work check.

In practice, this means that employers must be certain that:

1. They themselves have arranged checks for all their immediate workers / employees / eligible staff
2. You take reasonable steps to satisfy yourself that the agencies, online matching services and sub-contractors you engage are carrying out the correct checks

Remember: individuals who run a genuinely independent business and contract directly with their clients or customers are outside the Scheme. Being self-employed is not, on its own, what decides this. What matters is how the arrangement works in practice

Digital verification

To claim a statutory excuse via a digital Right to Work check, the check must be completed by a certified, OfDIA registered Right to Work Digital Verification Service Provider (DVSP).

If you use a third-party provider, they must clearly state which DVSP they are completing the checks through.

What businesses need to do

October is now here. That means, if you have not completed your necessary Right to Work checks or taken the required steps within your supply chain, your business could now face hefty penalties in the event of a Home Office inspection.

The new requirements are not retrospective. For worker’s-contract, sub-contractor and online-matching arrangements, they apply where the engagement began on or after 1 October 2026, and the extended-liability contractual requirements apply to arrangements entered into from that date. You may still wish to review continuing arrangements as part of your wider approach to preventing illegal working.

To ensure your business is protected and you have gained a statutory excuse, you must:

• Check all worker contracts
• Complete any missing Right to Work checks
• Store the information securely for the period of employment, plus two years
• Check whether you could face extended liability for the lack of checks on workers throughout your supply chain

Support from TrustID

As a registered Right to Work DVSP, we can support you with a compliant process and a statutory excuse. Our team is on hand to help you quickly and efficiently complete checks across your business and your supply chain. If you have any questions or concerns, get in touch today or check out our website to find out more.