On 30 June 2026, the government published a response to its consultation on extending the right to work regime, as well as a draft updated Code of Practice for employers on preventing illegal working. These publications introduce several significant changes to the right to work regime, which are expected to come into force on 1 October 2026.
The aim of the extended right to work regime is to prevent illegal working in a more digital, flexible labour market. To this end, the government has outlined that right to work duties will extend beyond traditional employees to certain wider working arrangements, including:
- Workers engaged under worker contracts;
- Service providers matched with clients or customers by online matching services; and
- Sub-contractors and substituted workers.
These changes will capture gig-economy, zero-hours, casual and agency workers, as well as other labour-supply arrangements that are not defined by the traditional ‘employer and employee’ model. Businesses that outsource work or rely on flexible labour models will need to ensure that they undertake right to work checks on those they engage to avoid a civil penalty.
Respondents to the consultation were concerned about the impact of these changes on businesses, as the pool of workers requiring right to work checks will become much larger, imposing significant cost and administrative burdens. These requirements will be particularly onerous on the gig economy, as online matching platforms will need to consider how they onboard workers, carry out right to work checks and maintain identity verification, ensuring that the person carrying out the work is the individual whose right to work has been checked.
Right to work checks can be carried out either manually, by checking and copying the worker’s passport or Immigration Status Document, or by using the Home Office’s online right to work service (for non-British nationals). A copy of the right to work check must be retained for the duration of the employment and for two years afterwards.
If a business is found to have a worker without the right to work in the UK, it could face a civil penalty of up to £45,000 per illegal worker for a first breach and up to £60,000 for a repeat breach, where prescribed safeguards have not been met. Such safeguards include contracts requiring right to work compliance, proportionate identification verification systems and the use of registered Right to Work Digital Verification Service Providers.
Therefore, it is crucial that businesses prepare for these changes before October by reviewing their workforce and contractor arrangements to identify where additional checks need to be made. In addition, current practices for onboarding, right to work checks and identity verification should be scrutinised to ensure compliance with the proposed regime.
If your business requires any advice about carrying out right to work checks or preventing illegal working, please reach out to Christopher Cuckney at christophercuckney@broadfieldlaw.com.
As well as advising on the right to work, our team can assist businesses and individuals with all aspects of UK immigration law, including visa applications, sponsor licence compliance, settlement and citizenship.
