The Border Security, Asylum and Immigration Act 2025 is expanding the Right to Work ("RTW") Scheme beyond traditional employment. The Act introduces a new concept of "extended liability", which means that RTW checks may also need to be carried out in relation to worker contracts, individual sub-contractors and online matching services. The changes will also mean that some employers may need to conduct RTW checks for suppliers or entities further along a supply chain.
The full updated Scheme can be found here.
All UK employers, recruitment agencies, staffing platforms, delivery platforms, online matching services and any organisation that sub-contracts work or services.
Effective date: 1 October 2026. There is no grace period.
All UK employers must conduct RTW checks before employing someone. If checks are conducted as prescribed by the Home Office ("HO"), the employer will have a statutory excuse against a civil penalty.
Previously, the RTW Scheme applied only to individuals under a contract of employment (i.e., an employee) and any sponsored workers. The changes now extend it to a wider range of working arrangements and introduce a new "extended liability" for employers. The key points to be aware of are as follows:
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