The expansion of the UK’s illegal working regime from 1 October 2026 represents one of the most significant changes to right to work compliance in recent years. Businesses that rely on agency workers, subcontractors, self-employed contractors or online labour platforms should review their arrangements now to ensure they are prepared for the new requirements.
Right to Work Checks: Key Changes from 1 October 2026
New rules, wider responsibilities
From 1 October 2026, changes introduced under the Border Security, Asylum and Immigration Act 2025 will significantly extend the scope of the UK’s illegal working regime. The changes increase the potential exposure of businesses to civil penalties, which can reach £60,000 per illegal worker in certain circumstances.
Importantly, responsibility for right to work compliance will no longer be limited to traditional employers. The new rules are designed to capture a wider range of working arrangements, including labour supply chains, subcontracting arrangements and some online matching platforms.
Who will be affected?
The revised regime applies not only to employers engaging workers directly but also to businesses that:
- Engage individuals through worker arrangements;
- Use subcontracted labour;
- Operate within complex contractual supply chains; or
- Facilitate work through online matching services.
As a result, organisations that previously considered right to work compliance primarily an HR concern may now need input from procurement, operations and contract management teams.
Strengthened compliance requirements
To establish a statutory excuse against liability for an illegal working penalty, businesses will need to demonstrate that appropriate checks and compliance processes have been carried out. The draft Code places particular emphasis on:
- Robust right to work checking procedures;
- Clear contractual obligations throughout labour supply chains;
- Effective monitoring of subcontracting arrangements; and
- Systems to verify that the individual carrying out the work is the same person whose right to work has been checked.
The Home Office has also indicated that businesses may need to retain sufficient evidence of compliance and provide it promptly if requested during an investigation.
Digital verification and identity checks
The updated framework recognises the growing role of digital identity verification. From October 2026, businesses using Right to Work Digital Verification Service Providers (RtW DVSPs) should ensure that their provider is registered with the Office for Digital Identities and Attributes (OFDIA) and authorised to conduct right to work checks.
The draft Code also introduces greater focus on identity verification measures designed to confirm that the individual performing the work is the individual whose right to work has been assessed.
What should businesses do now?
Although implementation is a few months away, businesses would be well advised to start reviewing their arrangements now. Updating contracts, auditing labour supply chains and training relevant teams is likely to be considerably easier before the new regime comes into force.
Key steps include:
- Mapping all categories of labour used across the organisation;
- Reviewing existing right to work policies and procedures;
- Assessing contractual arrangements with agencies and subcontractors;
- Evaluating identity verification processes; and
- Training relevant personnel on the new requirements.
How we can help
These changes are likely to require many organisations to review and strengthen their approach to right to work compliance. Taking proactive steps now can help minimise risk, ensure robust governance and protect your business from potentially significant civil penalties.
If you would like advice on how the new rules may affect your organisation, the Immigration team at Field Seymour Parkes can help you prepare for the new regime ahead of the October 2026 implementation date.
For further information or to discuss how these changes may impact your business, please contact our Immigration Team at immigration@fsp-law.com.
