On 15 April 2026, the Home Office published a draft Code of Practice on avoiding unlawful discrimination while preventing illegal working. The Code is intended to support employers in carrying out right to work checks without discriminating and would replace the current Code of Practice which has been in force since April 2022. If approved, the updated Code will apply to all employers and is expected to take effect for employment commencing on or after 1 October 2026, as well as any repeat checks on existing workers taking place after this date.
This follows recent updates to sponsor guidance, published on 8 April 2026, which introduced a new requirement that sponsors must carry out right to work checks on all workers they employ or engage, irrespective of whether or not they are sponsored, including where there is no direct employment relationship.
The draft Code reinforces that employers must carry out right to work checks consistently across all candidates, regardless of nationality or background. It emphasises that assumptions about an individual's immigration status based on factors such as appearance, accent or name may amount to unlawful discrimination.
Employers are advised to ensure recruitment decisions are based on suitability for the role and to avoid practices that could disadvantage particular groups. The guidance also highlights risks around indirect discrimination, for example where policies unintentionally exclude individuals with a...
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