Right to Work Checks October 2026: New UK Rules

Quick answer: Since 1 October 2026, UK right to work checks are no longer limited to employees. Businesses that engage people on a worker's contract, individual subcontractors and online job-matching platforms must now confirm those people can legally work in the UK. Firms that skip the checks face civil penalties of up to £60,000 per illegal worker.

Key takeaways

Section 48 of the Border Security, Asylum and Immigration Act 2025 came into force on 1 October 2026 and widens the UK's illegal working rules.
Gig economy, zero-hours, casual, agency and subcontracted workers can now fall within the right to work regime, not just employees.
A first offence can cost up to £45,000, and repeat offences up to £60,000 for each person working illegally.
Where the firm that directly hired an illegal worker cannot be traced or never checked them, companies further up the contract chain can be fined.
The change does not turn contractors or gig workers into employees for employment law purposes.

Last updated: 3 October 2026

The rules on right to work checks October 2026 are, in the words of law firm DLA Piper, "one of the most significant developments in UK immigration compliance in recent years". From 1 October 2026, a business that uses delivery riders, zero-hours staff, agency temps or self-employed subcontractors can be fined if any of them turns out not to have permission to work in the UK. Here is what changed, who is affected and what both workers and hirers should expect.

What changed on 1 October 2026?

The right to work checks October 2026 changes mean checks now cover far more than traditional employees. Section 48 of the Border Security, Asylum and Immigration Act 2025 took effect on 1 October 2026, extending the illegal working provisions to people engaged outside a contract of employment.

Until now, the Right to Work Scheme applied to people hired under a contract of employment, and doing the check correctly gave the employer a "statutory excuse" if someone later proved to be working illegally. The government confirmed the start date in commencement regulations published on 24 June 2026, according to the law firm DLA Piper. The Home Office ran a six-week consultation from 29 October to 10 December 2025 and received 340 responses, which it says shaped the updated guidance and statutory codes of practice.

Right to work checks October 2026: who is now covered?

Under the right to work checks October 2026 rules, anyone a business engages to do work or provide services personally may now need a check, whether or not they are on the payroll. The Home Office says the extension covers those who engage individuals under a worker's contract, those who engage individual subcontractors, and online matching services that pass details of service providers to customers for a fee.

Employees on a contract of employment: before October 2026: yes; from 1 October 2026: yes.
People on a worker's contract (including casual and zero-hours staff): before October 2026: no legal duty; from 1 October 2026: yes, in most cases.
Individual self-employed subcontractors: before October 2026: no legal duty; from 1 October 2026: usually, if engaged to work personally.
Gig and platform workers, and substitutes they send: before October 2026: no legal duty; from 1 October 2026: potentially, depending on the set-up.
Agency workers supplied through a chain: before October 2026: usually checked by the agency; from 1 October 2026: liability can now reach the end hirer.

DLA Piper cautions that not every arrangement will be treated the same way: the contract structure, who controls the work and whether the person provides the service personally all matter.

The Home Office names construction, food delivery, beauty salons, courier services and warehousing as sectors the change is aimed at. DLA Piper adds logistics, hospitality, cleaning, security and facilities management to the list of areas likely to feel the most impact. The duty sits with all businesses that use labour in the UK, not only those holding a sponsor licence.

How much is the fine for not doing right to work checks?

The civil penalty can be as high as £60,000 for each illegal worker. According to Personnel Today, a first offence can cost up to £45,000, while repeat offenders face up to £60,000 for each person found working illegally.

Enforcement is already intense. During 2025 the Home Office handed out over 2,400 civil penalties, worth more than £130 million in total. In cases of deliberate breach, DLA Piper notes that criminal liability is also possible.

First offence: up to £45,000.
Repeat offence: a maximum of £60,000 for each person.
Deliberate breach: possible criminal prosecution as well as a civil penalty.

Who is responsible when a worker is supplied through an agency or platform?

Responsibility can travel up the supply chain. If the business that directly hired someone cannot be traced, or never checked them, the Home Office can pursue firms further up the contract chain instead, Personnel Today reports.

That is a major shift for main contractors, end hirers, labour providers and platforms. Even where a recruiter has already checked a temp before an assignment, the client may decide to run its own controls. DLA Piper advises that the correct process must be in place before the individual starts the work, and that arrangements allowing substitutes carry ongoing obligations linked to identity verification.

What does this mean for gig workers, temps and contractors?

If you pick up work through an app, an agency or as a sole trader, expect to prove your right to work more often. The Home Office's own equality assessment accepts that gig workers often hold several jobs across multiple platforms, so some people may be checked repeatedly.

Keep your proof ready. Checks can be manual (seeing original documents) or digital (a Home Office online status check, or a registered digital provider for holders of valid British or Irish passports or an Irish passport card).
Ask who is doing the check. On a contractual chain, the agency, platform or end client could each ask, so it helps to know which organisation holds your record.
Know your status is unchanged. The new duty does not make you an employee or worker for employment law purposes; it is an immigration compliance rule, not a change to employment law.
Use the help routes. If you cannot show documents or an online status, an employer can ask the Home Office Employer Checking Service in certain cases, and the UK Visas and Immigration (UKVI) Resolution Centre helps with digital immigration status.
Watch for unfair treatment. Checks must be applied to everyone in the same way. Singling out applicants because of race or nationality risks breaching the Equality Act 2010.

Only people aged 16 or over are covered, and the rules apply to work done anywhere in the UK.

Why are recruiters worried about the new rules?

The industry body for recruiters says the change is a major burden on business and could slow hiring. The Recruitment and Employment Confederation (REC) called the new duties a "major burden" and warned they could leave firms responsible for people they do not directly employ.

Lorraine Laryea, the REC's chief standards officer, said the changes went "far wider than necessary". The REC also warned that heavy penalties could steer employers away from well-qualified candidates simply because their immigration status takes longer to verify. Jobseekers on time-limited visas may therefore want to have their status evidence ready before they are asked.

What should businesses do now?

To comply with right to work checks October 2026 duties, start by finding every person who works for you outside a standard employment contract. The rules are already in force, so any new engagement needs a compliant check before the work begins.

List all agency, casual, zero-hours, gig, platform and subcontracted labour, including outsourced teams on site.
Decide whether your business, your supplier or both will run checks, and write that down.
Update supplier and agency contracts with right to work duties, audit rights and evidence-sharing terms.
If you use a digital ID app, make sure the provider is listed as a registered provider on the Office for Digital Identities and Attributes (OfDIA) register as a Right to Work Digital Verification Service Provider (RtW DVSP).
Train HR, procurement and site managers, and diarise follow-up checks for people with time-limited permission.

Common mistakes to avoid

The most expensive right to work checks October 2026 errors come from assumptions. A Positive Verification Notice, for example, may relate to someone sponsored by another employer, which does not mean they can work for you, as consultation respondents pointed out to the Home Office.

Assuming a contractor's self-employed status takes them outside the rules.
Relying on an agency's check without any evidence of it on your own file.
Using an unregistered digital identity app for British or Irish passport checks.
Checking only the people who "seem" foreign, which is discriminatory and leaves gaps.
Forgetting substitutes sent in by a self-employed contractor or gig worker.

What this means for you

For workers, right to work checks October 2026 mean more requests for proof of status, especially in delivery, warehousing, construction, cleaning and hospitality. For hirers, the message is that the duty now follows the work, not the job title, and penalties of up to £60,000 per person make getting it right essential.

Related reading on Jobsiz: UK Job Vacancies at 702,000: What Jobseekers Need (2026), Why Job Applications Get Rejected (And How to Fix Them) and 10 AI Jobs That Don't Require Coding Skills (2026).

Frequently asked questions

Do zero-hours workers need a right to work check from October 2026?

Yes. People engaged on a worker's contract, which includes many casual and zero-hours arrangements, are now within the scheme. The business engaging them should complete a check before the work starts to keep its statutory excuse.

Do self-employed contractors need a right to work check?

Yes, if they are individual subcontractors engaged to do the work personally. Since 1 October 2026 the illegal working rules extend to individual subcontractors, although this does not change their self-employed status for employment law.

What is the fine for employing an illegal worker in the UK?

Up to £60,000 per illegal worker. Personnel Today puts the ceiling at £45,000 for a first offence and £60,000 per person for repeat offences, and deliberate breaches can also lead to criminal liability.

Who carries out the check for agency workers?

Agencies usually check before an assignment, but liability can now extend up the chain. An end hirer or main contractor can be penalised if the direct employer cannot be identified or did not check, so clients may need to run their own controls.

Can right to work checks be done online?

Yes. Employers can use the Home Office online checking service for people with digital immigration status, or a registered digital verification provider for valid British and Irish passports and Irish passport cards. Manual checks of original documents remain available.

Do the new rules apply in Scotland, Wales and Northern Ireland?

Yes. The illegal working regime applies UK-wide, so the 1 October 2026 changes cover work done anywhere in the UK, including Scotland, Wales and Northern Ireland.

Sources

This article was compiled by Jobsiz from the sources listed above, with AI-assisted writing and automated fact-checking. Published 3 October 2026. We update stories when new verified information becomes available.

Right to Work Checks October 2026: Who Now Needs One