UK right to work checks change from 1 October

CIPD HR-inform. Croner

Overhaul of right to work (RTW) checks will broaden the net to contractors, and agency and casual workers with stiff penalties for non-compliance, explains Stacie Cheadle, technical writer at Croner.

For those starting on or after 1 October 2026, right to work (RTW) compliance will tighten and the net of who must be checked will widen. Employers should act now to update policies, contracts, and workflows.

Employers are legally required to ensure individuals working for their business have the right to work in the UK. Failure to do so can result in civil penalties of up to £45,000 per illegal worker, or £60,000 for repeat breaches and criminal charges in serious cases. Any breach risks reputational damage, disruption to operations, and the loss or downgrading of sponsor licences.

It is worth noting that employers can establish a ‘statutory excuse’ against civil liability by conducting prescribed checks before employment starts.

From October 2026, the RTW check obligation expands beyond employees to include workers, including zero hours and casual workers and those engaged under non-direct contractual arrangements, such as agency workers, self-employed subcontractors, and individuals engaged through online matching services.

This means that where an individual is genuinely self-employed and operating independently (ie, not subcontracted), no RTW check is required. However, if there is any uncertainty as to their status, a RTW check will be good practice.

Where an individual is provided by a third party, things get complicated. If an agency/employment business supplies individuals directly to the employer, the RTW check is for the agency to complete. The same applies where a matching platform employs or supplies an individual to perform work for the organisation – in that case, the platform is the one to complete the RTW check.

However, in other arrangements, such as where agency workers are used to deliver services for your client, or another business uses agency workers to provide services to you, extended liability may apply. It may also apply where there are multiple parties in a labour chain or where there is a complex or unclear supply route.

Extended liability means organisations can also be held responsible for ensuring the right to work of subcontractors or other non-employees who provide services, even if it does not directly employ the individual.

To avoid this, the organisation should identify who is responsible for the RTW check, obtain written assurance and evidence, keep audit rights, and stop or delay work if assurance is not provided.

Practical steps: how to adapt your processes

Every route by which labour enters the organisation, including permanent hires, temps, contractors, outsourced teams, secondees, and volunteers, should be mapped. For each route, define who performs the check, when it is done, how it is verified, and how records are stored.

The RTW policy and onboarding procedures should also be updated to require a RTW check before issuing offers, passes, or system access, before day one. Staff training, refreshed and delivered periodically, will be necessary to support these updates. Acceptable documents and how to check, copy and retain them, how to use the online service and certified IDSPs, fraud red flags, carrying out checks, and escalation routes should be covered.

Contracts with agencies and suppliers also need to be strengthened. They should include warranties that all personnel supplied have the RTW, obligations to conduct checks to the Home Office standard, audit rights, prompt reporting duties if permission lapses, and indemnities for penalties caused by breach. They should also require that named individuals be supplied, not anonymised labour, and prohibit substitution without fresh checks.

Contractors and off‑payroll workers need a tailored approach, with RTW verification built into onboarding alongside security vetting where they work under your control or on your premises or systems. Where a personal service company (PSC) provides multiple staff, only named personnel should be permitted and evidence of checks for each person provided.

Time‑limited permissions also need to be managed. A secure tracker of visa expiry dates and follow‑up check dates should be maintained, with reminders scheduled well in advance. Where Home Office online services show a pending application, record the check outcome and diarise a follow‑up.

Periodic internal audits should be carried out and spot checks across all labour channels, with re-training and adjustments to processes completed if a problem is exposed. Preparations should also be made to respond to issues, such as an employee losing their RTW. The parties dealing with such a situation should be fully trained on how to do so.

By Stacie Cheadle, technical writer at Croner