What's Changing With Right to Work Checks From October 2026

If your business uses contractors, casual workers, or people through an agency or online platform, October 2026 is a date you need on your radar. The rules on right to work checks are widening, and for the first time they will reach well beyond the traditional employee relationship.

Why this is happening

The Border Security, Asylum and Immigration Act 2025 received Royal Assent in December 2025. It gives the Home Office stronger powers to tackle illegal working, and it does this by closing a gap that has existed for years: businesses using gig economy workers, subcontractors, and online matching platforms have not been required to carry out the same checks as those hiring employees directly.

That changes when Section 48 of the Act comes into force on 1 October 2026.

Who is affected

From that date, right to work checks will extend to worker contracts, individual subcontractors, and people sourced through online platforms, particularly in sectors like construction, food delivery, beauty and personal care, courier services, and warehousing. If someone is doing work in the name of your business, even without a direct employment contract, you may now need to check their right to work.

This is what the guidance calls "extended liability". If your contract includes a right of substitution (in other words, the person doing the work could send someone else in their place), the checking obligation can extend down the chain to whoever actually turns up to do the job. In practice, this means checks may need to reach subcontractors, and the people they in turn subcontract to.

There is one carve-out worth knowing: the rules will not apply to individuals running their own genuine business, in their own name or through their own company, who contract directly with clients for goods or services.

What "getting it right" looks like

To have a proper defence against a penalty, known as a statutory excuse, an employer needs to have completed the correct checks before work starts. Where there is a direct contractual relationship, that means a right to work check before employment begins. Where the relationship is less direct, the guidance expects contractual terms, controls on substitution, and identity verification to be in place before work commences.

New and updated guidance for the right to work act

Two documents sit behind these changes. The draft Code of Practice on Preventing Illegal Working sets out the checks employers need to carry out to protect themselves from a civil penalty, alongside a revised Employer's Guide to Right to Work Checks explaining how to apply it in practice.

Alongside this, the Code of Practice for Employers on Avoiding Unlawful Discrimination has also been substantially updated. It's a useful reminder that expanding who you check should never mean treating people less fairly. The updated code is clear that candidates should not be treated less favourably because their permission to work is time-limited, including where this is shown through an eVisa, and that technical problems with the Home Office's online service (a broken share code, for example) should never be held against someone. Employers are also encouraged to keep roles open long enough for candidates to demonstrate their right to work, where recruitment timelines allow it.

What this means for you

The penalties for getting this wrong, including fines and, in serious cases, imprisonment, will apply just as much to these extended checks as they do to direct employees. If your business relies on casual staff, freelancers, or people sourced through a platform or agency, this is worth acting on now rather than waiting for October.

A sensible starting point:

• Review your current right to work processes and work out where the gaps are against the new scope

• Map your supply chain, including subcontractors and anyone they in turn engage, so you know where extended liability could apply

• Train whoever carries out these checks, both on the new requirements and on avoiding discriminatory practice

Need a hand working through this?

Take a look at my HR support services if you're an established business wanting a proper review, or my HR support for start-ups page if you're an early-stage business building these processes for the first time. Either way, getting the foundations right now is far cheaper than fixing a problem after October.