The right to work regime is expanding - here's what UK businesses need to know
22 June 2026
Before October 2026, businesses should review their workforce compliance processes in anticipation of significant changes to the UK’s right to work regime.
The UK Border Security, Asylum and Immigration Act 2025 will expand the scope of right to work checks beyond traditional employment relationships, bringing a wider range of workers and service providers into scope. Although the legislation received Royal Assent in December 2025, the relevant provisions are expected to come into force in October 2026.
What is changing?
From October 2026, organisations may need to conduct right to work checks for a much broader group of individuals who provide services for their business, including:
- subcontractors
- agency workers
- gig economy workers
- self-employed contractors
- freelancers
- consultants
- members of limited liability partnerships (LLPs)
The changes are intended to address illegal working across a wider range of working arrangements and place greater responsibility on organisations engaging individuals, regardless of how those individuals provide their services.
Why does this matter for businesses?
Many organisations have historically limited right to work checks to direct employees. Under the new regime, businesses that regularly engage contractors, consultants or freelance workers may need to introduce entirely new compliance processes.
As a result, organisations should expect:
- increased onboarding and compliance requirements;
- additional record-keeping obligations;
- greater scrutiny of contractor and supplier arrangements; and
- a higher administrative burden for HR, legal and procurement teams.
Businesses that fail to comply could face significant consequences, including civil penalties, criminal sanctions in serious cases, and, for sponsor licence holders, potential action against their sponsor licence.
Actions businesses can take now
Although the changes are not expected to take effect until October 2026, organisations should begin preparing well in advance.
- Map your workforce and engagement models
Identify all categories of individuals providing services to the business, not just employees. This should include contractors, consultants, agency workers, freelancers and any subcontracted personnel.
Understanding who may fall within scope is the first step in assessing potential compliance gaps.
- Review onboarding processes
Consider whether existing onboarding procedures are capable of accommodating right to work checks for non-employees.
Businesses may need to ensure that checks are completed before any work or services commence, regardless of the contractual relationship.
- Strengthen record-keeping
Maintaining clear and accessible evidence of completed checks will be essential.
Organisations should review how right to work documentation is stored, monitored and retrieved to ensure a consistent audit trail.
- Review contracts and supply chain arrangements
Where labour is supplied through agencies, contractors or subcontracting arrangements, businesses should review contractual protections.
This may include updating warranties, indemnities and compliance obligations, as well as considering how substitution and subcontracting provisions could affect right to work responsibilities.
- Train relevant teams
HR, recruitment, procurement and hiring managers should understand how the new requirements apply and when checks will be required.
Early training can help ensure a consistent approach across the organisation.
Looking ahead
The expansion of the right to work regime represents one of the most significant changes to illegal working compliance in recent years. Organisations that rely on flexible workforces, external contractors or complex supply chains are likely to be most affected.
With implementation expected in October 2026, businesses should use the coming months to review their existing arrangements, identify areas of risk and put appropriate compliance measures in place.
We are expecting the government to publish a code of practice imminently, which should give employers more detailed guidance on the extent and limits of their new obligations.
Get in touch
If you would like support in understanding or preparing for these changes, please contact your assigned LDI lawyer or the Enquiries team at enquiries@lauradevine.com.
