Right to work rules are expanding from 1 October 2026

From 1 October 2026, the UK's right to work rules cover a wider range of working arrangements. Until now, they have mainly applied to traditional employment relationships. Section 48 of the Border Security, Asylum and Immigration Act 2025 extends them further.

Here is what is changing and what employers should do.

What is changing

More working arrangements are covered. The right to work rules now also apply to people engaged under a worker's contract, individual subcontractors, and certain online matching arrangements where a service provider is connected with a client or customer.

The existing penalties apply to these wider arrangements. A business found to be engaging someone who does not have the right to work can face a civil penalty of up to £45,000 per illegal worker for a first breach, and up to £60,000 per illegal worker for repeat breaches. Serious cases can also lead to criminal prosecution, with a potential prison sentence of up to five years and an unlimited fine.

Checking arrangements are updated. Updated regulations and guidance apply to right to work checks from 1 October. These include provisions for appropriately certified Digital Verification Services (DVS), alongside the existing manual and Home Office online checking routes.

Substitution arrangements need attention. Where a contract allows someone to send a substitute to provide the work or services, employers may need processes to make sure the substitute's right to work is checked before they start.

Who this affects

If everyone who works for your business is employed under a traditional contract of employment, your existing right to work process will remain broadly familiar.

However, if you use workers, individual subcontractors, freelancers working within arrangements covered by the new rules, or service providers introduced through an online matching service, you should review whether those arrangements are now covered.

The precise contractual arrangement matters. Not every person described as a "contractor" or "freelancer" will automatically fall within the same category.

What to do now

• Map your workforce. Identify everyone who performs work or services for your business and how they are engaged.

• Check before work starts. The prescribed right to work check should be completed before the person starts work.

• Use the appropriate checking route. Depending on the individual and their immigration status, this may be a manual document check, a Home Office online right to work check, or an appropriately certified Digital Verification Service.

• Apply the process consistently. Do not make assumptions about someone's right to work based on nationality, accent, appearance or ethnicity.

• Keep evidence of checks securely. Records should generally be kept for the duration of the work and for two years afterwards.

• Set reminders for follow-up checks where a person's permission to work is time-limited.

• Review substitution arrangements. If a contractor or worker can provide a substitute, make sure your process requires the substitute's right to work to be checked before they start where the new rules apply.

• Review contracts and supplier arrangements. Make sure responsibilities for right to work checks are clear, particularly where other businesses or intermediaries are involved.

How SignalHR helps

SignalHR's Policy Builder includes a Recruitment & Right to Work Policy, updated to reflect the October 2026 changes.

You can also ask SignalHR how the new rules may apply to the different people and working arrangements used by your business.