Right to work checks 2026: what employers need to know
Your right to work responsibilities may now extend beyond your employees. From 1 October 2026, expanded right to work checking obligations affect businesses using certain worker contracts, individual subcontractors and online matching services.
If your business uses agency staff, contractors, subcontractors or other flexible labour, it is important to understand which arrangements require checks, who is responsible for completing them and where the evidence is held.
What changed for right to work checks in October 2026?
From 1 October 2026, the Right to Work Scheme extends beyond traditional employment to cover:
- People engaged under worker contracts.
- Individual subcontracting arrangements within the scope of the scheme.
- Certain arrangements involving online matching services.
Not every contractor or self-employed service provider falls within the expanded scheme. The way an arrangement operates in practice matters, rather than simply the label given to the contract.
Civil penalty liability can also extend beyond the organisation directly engaging the worker in certain subcontracting, online matching and substitution arrangements. Businesses should review their arrangements to identify any gaps in right to work compliance.
Does using an agency or contractor remove your responsibility?
Responsibility for carrying out the prescribed right to work check generally rests with the organisation directly employing or engaging the individual. Using agency staff does not automatically mean your business must repeat the agency’s checks.
However, using an intermediary does not automatically remove all potential liability. Where the extended liability rules apply, businesses need to understand and meet the relevant requirements for their contractual arrangements.
Recruitment and operational teams should understand which arrangements require checks, who is responsible for carrying them out and what evidence or assurance their business needs.
Practical steps to strengthen right to work compliance
Reviewing your workforce and onboarding processes can help you identify gaps and clarify responsibilities across your business and supply chain.
1. Map your workforce
Identify your employees, workers, agency staff, contractors, subcontractors and other service providers. Establish how each group is engaged and which arrangements fall within the Right to Work Scheme.
2. Clarify responsibilities with labour providers
Review agreements with agencies, labour providers and subcontractors. Make sure responsibilities for completing checks are clear, including arrangements for retaining evidence and providing appropriate assurance. Where extended liability applies, check the requirements for contractual terms, substitution controls and identity verification.
3. Update your onboarding processes
Ensure onboarding documents, internal procedures and checklists reflect the extended obligations. Check that your processes cover relevant engagements beyond traditional employment contracts.
4. Train recruitment and operational teams
Help recruitment teams and operational managers understand compliant right to work checks, their responsibilities and evidence retention requirements. Apply checks consistently and without unlawful discrimination.
5. Review official government guidance
Consult the government’s Right to work checks: an employer’s guide for guidance on assessing working arrangements, conducting checks, retaining evidence and meeting the extended liability requirements.
What are the penalties for employing illegal workers?
Businesses that employ or engage someone without the right to carry out the work, and cannot establish a statutory excuse against liability, may face civil penalties of up to £60,000 per illegal worker. Other sanctions may also apply, depending on the circumstances.
A coordinated approach across recruitment, operations and your supply chain can help prevent compliance gaps and support consistent record keeping.
Get support with your right to work checks
Clients can request our right to work checks template to help review and strengthen their processes.
For support or to request the template, please get in touch with your usual PIB contact.
Source: Home Office – right to work checks: an employer’s guide.
