Right to Work checks are changing: what employers need to review before 1 October 2026

From 1 October 2026, Right to Work requirements are being extended beyond traditional employees.

From 1 October 2026, Right to Work requirements will apply to a wider range of working arrangements.

This means organisations may need to consider Right to Work checks for certain workers, individual contractors and subcontractors, substitutes and individuals engaged through certain online matching services.

What does this mean for you?

If someone is personally carrying out work or services for your organisation, don’t assume a Right to Work check is unnecessary simply because they are described as self-employed, a contractor or a subcontractor.

You should establish:

• who will actually carry out the work;
• how they are engaged;
• who has the contractual relationship;
• who is responsible for carrying out the check; and
• what evidence needs to be retained.

The organisation that directly engages an individual will normally have responsibility for the check. However, in some arrangements, liability can extend further through the contractual chain.

When should you look more closely?

It is worth reviewing arrangements involving:

• individual contractors or subcontractors;
• temporary or casual labour;
• outsourced or managed services;
• labour supplied through more than one organisation;
• contractors whose agreements allow someone else to carry out the work; and
• online platforms that match individuals with businesses.

Not every self-employed person or genuine business-to-business arrangement will be covered. What matters is how the arrangement actually operates, rather than simply what it is called in a contract.

What should you do?

Before the changes take effect, review any arrangements where people are providing work or services outside a straightforward employment relationship.

Consider:

1. Who is actually carrying out the work?
2. How are they engaged?
3. Who is responsible for the Right to Work check?
4. Has the appropriate check been carried out before the work starts?
5. Is the evidence being retained?
6. Do your contracts include appropriate Right to Work requirements?
7. Do your processes reflect how the arrangement works in practice?

For arrangements involving subcontracting, labour supply chains or substitution clauses, there may be additional requirements to consider.

How are Right to Work checks carried out?

Where a check is required, the appropriate prescribed process must be followed. This may involve a manual document check, the Home Office online Right to Work service or an approved digital verification service, depending on the individual and the circumstances.

You must also be satisfied that the person carrying out the work is the same person whose Right to Work has been checked.

What should employers do now?

The changes take effect from 1 October 2026, so now is a good time to look beyond your employee records and review anyone else who provides work or services to your organisation.

Ask yourself:

Who is doing the work?
How are they engaged?
Who is responsible for the check?
What evidence do we need to retain?

Taking the time to review these arrangements now can help you identify where your current contracts, processes or responsibilities may need to change.

For more detailed information on the changes, including extended liability and the different working arrangements that may be affected, see the full guidance and resources.

More information:

YourHR.guide’s Right to Work HR Focus provides practical guidance and resources to help employers understand the changes and review their arrangements.