From 1 October 2026, right to work checks will apply to a wider range of work arrangements. Employers must already check that every person they employ has the right to work before they start, regardless of nationality. The new rules extend this duty beyond standard employment contracts. They also cover some people who are directly engaged to carry out work or provide services, including certain individual subcontractors and workers found through online matching services.
The business that directly engages a person and manages their work will normally be responsible for the check. For example, if a delivery platform directly engages delivery workers, the platform must carry out the checks. If an organisation has a contract with a service company to provide workers, the service company will usually need to check the workers it supplies. The rules do not apply where a person is genuinely self-employed and the organisation is simply their client or customer.
The changes also introduce extended liability in some arrangements involving more than one organisation who engage with the worker. This does not mean that every business in a supply chain must do a right to work check. However, a business may need to take steps to reduce its risk where another organisation is responsible for the worker.
To obtain a statutory excuse under the extended liability rules, the organisation must include clear written terms confirming who will carry out the checks, along with controls to prevent unapproved subcontracting or substitution. Where substitution is permitted, a right to work check must be carried out on the substitute. The organisation must also have a system for verifying the identity of the person doing the work, to ensure it is the same person who has been checked.
Employers should now review their recruitment, contractor and supplier arrangements. Identify who directly engages and supervises each worker. Make sure responsibilities are set out in writing, and that the responsible organisation is completing checks correctly. A properly completed check can provide a statutory excuse if an employer unknowingly employs someone without the right to work. This depends on following the correct process and keeping suitable records.