RIGHT TO WORK CHECKS CHANGE 1ST OCTOBER

Right to work checks change on 1 October: new guide from our immigration team

From 1 October 2026 the illegal working regime stops being a rule about employees only. Businesses that engage workers, sole trader sub-contractors or individuals through online platforms must now check their right to work, and businesses that contract work out can be penalised for a sub-contractor's illegal worker unless they have specific contractual and identity controls in place before the work starts. Penalties run to £45,000 per worker for a first breach and £60,000 for a repeat. Anyone using a digital identity provider for checks also needs to confirm that provider is registered for right to work checks, or the checks give no protection at all.

Chris Dias, our Consultant Solicitor for immigration, has written a twelve page guide explaining who is now caught, what the new extended liability means for anyone who sub-contracts or uses agency labour, and what must already be in place. It includes a one page diagram showing who checks and who is liable across the six most common ways of engaging people, and a checklist separating what the law requires from what is good practice.

Download the guide HERE