The new version of the Right to Work guidance came into force on 1 October 2026.
The most important change is that the obligation to carry out Right to Work checks is no longer limited to the traditional employee-employer relationship. In certain circumstances, temporary workers, individual subcontractors, people working through platforms and those working through online matching services may also fall within the scope of the scheme.
In addition, in some contractual chains, liability may extend beyond the business that has a direct contract with the worker. Therefore, businesses that use agency workers, subcontractors, freelancers or platform workers in particular need to review their contracts and recruitment/checking processes.
Under the new rules, a Right to Work check may be required not only for people working under a traditional employment contract, but also for certain other working arrangements:
Simply describing a person in a contract as “self-employed”, a “contractor” or a “freelancer” is not sufficient on its own. The Home Office looks not at the title of the contract, but at how the working relationship actually operates.
If a receptionist works set shifts, is paid through the hotel’s payroll and provides services to the hotel’s guests, the hotel is the direct employer. The hotel must carry out the Right to Work check. If the person is found to be working illegally, the hotel may face a civil penalty.
An employment business supplies temporary workers to bars and restaurants during busy periods. The worker accepts short-term assignments and works through the employment business. In this case, the employment business is responsible for the Right to Work check.
A person registers with a delivery app, logs into the system whenever they choose and is paid for each delivery they complete. Even if they are not a traditional payroll employee, the platform may be treated as the employer for the purposes of the Right to Work scheme. In this case, the platform must carry out the Right to Work check.
A homeowner uses an online platform to find someone to clean their home. The platform matches the customer with a cleaner, and the cleaner personally carries out the cleaning. According to the example in the guidance, the platform may be treated as the employer for Right to Work purposes and may therefore have a checking obligation.
The new rules do not mean that all self-employed people are subject to Right to Work checks. People who genuinely run their own independent business and provide services directly to their customers may fall outside the scope of the scheme.
For example, a homeowner engages a self-employed plumber to repair a tap. The plumber advertises their own services, obtains work from different customers and runs their own business. In this case, the homeowner does not need to carry out a Right to Work check.
A graphic designer provides services to another company for a specific project through their own company and invoices through that company. If the client company is purchasing services from another company rather than directly engaging the individual, the example does not require a Right to Work check.
However, the fact that a person works through their own company does not automatically mean that they fall outside the scope of the scheme. The actual working arrangement and the relationship between the parties must still be assessed.
Under the new system, in some circumstances liability may not be limited to the business that has a direct contract with the worker. A business higher up the contractual chain may also face liability in certain circumstances.
For example, if a construction company takes on a housing project and uses subcontractors for foundation and bricklaying work, the main company may, in certain circumstances, also fall within the scope of liability in relation to workers in the contractual chain.
Therefore, the approach of saying “This person is not my employee; they are the subcontractor’s employee” is no longer sufficient in every case.
The new direct obligations relating to worker’s contracts, individual subcontractors and certain online matching services apply from 1 October 2026.
For extended liability, it is particularly important whether the relevant contractual arrangement was entered into on or after 1 October 2026. The rules do not generally apply retrospectively.
A contractual assurance from a supplier or subcontractor stating that “all of our workers have the right to work” may not be sufficient on its own.
Businesses need to have systems capable of demonstrating that the required checks are actually being carried out. Where extended liability applies, it is important to have the required written statements, identity verification processes and, where appropriate, audits and records.
Following the changes introduced on 1 October 2026, Right to Work checks are no longer simply an HR process limited to directly employed payroll staff.
Businesses that use agency workers, subcontractors, freelancers or platform workers in particular need to identify the contractual arrangements under which those individuals provide services and determine who is responsible for carrying out the checks.
It is particularly important for businesses in construction, hospitality, delivery, logistics, recruitment, care and cleaning, as well as sectors that make extensive use of subcontractors or agency workers, to review their contracts and Right to Work procedures in line with the new rules.
Source: Home Office, Employer’s Guide to Right to Work Checks, 1 October 2026
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London, England
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contact@lexlegal.com