Right to Work checks are changing: What employers need to know
Written by Jon Crofts from ResourceTrack (UK) Ltd
From 1 October 2026, the scope of the UK’s Right to Work Scheme is due to widen beyond traditional employment relationships.
The updated Home Office guidance reflects changes introduced by the Border Security, Asylum and Immigration Act 2025, extending the definition of an employer for Right to Work purposes to include certain workers, individual subcontractors and some online matching service arrangements.
For many organisations, particularly those using subcontractors or more flexible workforce models, this makes it important to understand how the changes could apply and whether existing processes are ready.
Why Right to Work checks matter
All UK employers have a legal duty to prevent illegal working. Right to Work checks help organisations confirm that an individual is permitted to carry out the work in question and, when completed correctly, can provide a statutory excuse against liability for a civil penalty.
The consequences of getting this wrong can extend beyond financial penalties. Illegal working can also create operational disruption, reputational damage and wider compliance risks.
What is changing?
From October, the Scheme is being extended beyond conventional contracts of employment.
The new definition can include individuals engaged:
- Under a worker’s contract
- As an individual subcontractor
- Through certain online matching services
The legislation also introduces circumstances where civil penalty liability may extend beyond the organisation holding the direct contractual relationship with the worker.
However, this does not mean that every organisation using contractors or outsourced services will automatically become responsible for carrying out Right to Work checks. The particular contractual arrangement will determine whether the extended provisions apply.
Why subcontracting arrangements deserve attention
The changes are particularly relevant where work is delivered through contracting and subcontracting chains.
Organisations may therefore want to review not only their directly employed workforce, but also how work and services are procured and delivered across their wider supply chain.
Questions worth considering include:
- Who is actually carrying out work or services on our behalf?
- What contractual arrangements are in place?
- Do we understand where Right to Work responsibilities sit?
- Can we demonstrate that appropriate processes are being followed?
- Are relevant records readily available if required?
Good record keeping is essential
Carrying out a Right to Work check is only one part of effective compliance.
Organisations also need suitable records and evidence to demonstrate that appropriate checks and processes have been completed.
For businesses managing larger or changing workforces, this can involve keeping track of documentation, time-limited permissions, expiry dates, follow-up checks and audit records.
When that information is spread across spreadsheets, emails, paper files and different departments, maintaining an accurate picture can become increasingly difficult.
How digital tools can help
Digital workforce management tools can help organisations bring important information and documentation together in one place.
A centralised system can help with:
- Maintaining workforce records
- Tracking important dates and document expiry
- Creating clearer audit trails
- Reducing reliance on spreadsheets and paper records
- Giving authorised teams easier access to information
- Supporting more consistent compliance processes
Technology does not replace the official Right to Work check, but it can make the surrounding administration and record keeping much easier to manage.
Is your business ready for October?
With the changes due to take effect from 1 October 2026, now is a sensible time for organisations to review their current arrangements.
Consider asking:
- Do we understand which working arrangements may fall within the extended Scheme?
- Are our Right to Work processes clearly defined?
- Can we access supporting records quickly?
- Are time-limited permissions and follow-up checks being tracked?
- Could we demonstrate that our processes are operating effectively?
If any of these questions are difficult to answer confidently, there may be value in reviewing your current approach before the changes come into force.
To help employers understand the changes, pro-Forms® has produced a practical Right to Work guide explaining what is changing, who may be affected and how organisations can prepare.
pro-Forms Digital Profile can also help organisations manage the records and documentation surrounding workforce compliance in one central location.
Please note: This content is provided for general information only and does not constitute legal advice. Employers should refer to the latest Home Office guidance when assessing their Right to Work responsibilities.