Right to work checks: duties are expanding from 1 October 2026

New commencement regulations laid on 29 June 2026 confirm that section 48 of the Border Security, Asylum and Immigration Act 2025 will come into force on 1 October 2026. From that date, right to work compliance duties will extend beyond traditional employment relationships.

In practice, the change will require employers to look more closely at how labour is sourced, engaged and documented across the business.

For employers, this is an important development. The illegal working regime is expected to apply more broadly to casual, temporary, subcontracted, self-employed and platform-based labour arrangements. Businesses should therefore review not only employees, but also the wider routes through which individuals provide work or services.

Which arrangements may be affected?

Further Home Office guidance is awaited, but employers should start by reviewing all non-standard labour arrangements, including:

• agency workers and temporary labour;
• casual workers and individuals engaged on short-term assignments;
• self-employed contractors and consultants;
• individual subcontractors providing services to the business;
• workers supplied through outsourcing or service provider arrangements; and
• individuals matched with work through online platforms or app-based models.

Why does this matter?

Getting right to work compliance wrong can lead to civil penalties of up to £60,000 per illegal worker, reputational damage, operational disruption and, for sponsor licence holders, compliance action, including possible revocation. The change also means immigration compliance may need to be considered across HR, procurement, onboarding, contract management and supply chain processes.

Practical steps to take now

Employers should use the period before 1 October 2026 to prepare. Key steps include mapping the workforce, identifying all individuals who provide labour or services directly or indirectly, and checking whether existing right to work processes cover those arrangements.

Responsibility for checks should also be clear. Where HR manages employee checks, but procurement, operations or local managers arrange contractors or agency labour, businesses may need a more joined-up process with consistent record-keeping and escalation routes.

Contracts with agencies, subcontractors and service providers should be reviewed for appropriate right to work warranties, audit rights, information-sharing obligations and indemnities.

Training should be provided to teams involved in recruitment, onboarding, procurement and workforce deployment. Checks must be carried out consistently and fairly to avoid discriminatory practices.

Key considerations

The expansion of right to work obligations is a wider business compliance issue, not just an HR issue. Employers should start preparing now by reviewing workforce models, contracts, supply chain arrangements and internal processes before the new requirements take effect on 1 October 2026.

How we can help

We can support employers in preparing for these changes, including by reviewing workforce models, updating right to work procedures, checking contractual protections with agencies and subcontractors, and delivering tailored training for HR, procurement and operational teams.

A proactive review now can help employers avoid last-minute compliance issues and ensure their right to work processes are fit for purpose.

See: The Border Security, Asylum and Immigration Act 2025 (Commencement No. 4) Regulations 2026