From 1 October 2026, the UK's Right to Work Scheme will apply to a wider range of working arrangements, potentially bringing organisations within the civil penalty regime even where they do not directly employ the individual concerned.
The basic checking process for employees will remain largely unchanged. For many businesses, the biggest challenge will not be checking employees' right to work. Instead, it will be understanding whether their wider contracting arrangements could expose them to liability if illegal working is identified.
They will considerably expand the types of working arrangements that fall within the scope of the regime and may expose some organisations to liability for illegal working even where they do not directly employ or engage the individual concerned.
For employers, the stakes remain high. An organisation that is found to have employed or engaged an illegal worker, and cannot establish a statutory excuse, may face a civil penalty of up to 60,000 per illegal worker. As the scope of the Right to Work Scheme expands, organisations that have never previously considered themselves responsible for right to work compliance may need to reassess their exposure.
The Home Office has recently published draft guidance and a code of practice setting out the changes to the UK's right to work regime.
The reforms will extend the Right to Work Scheme beyond traditional employment relationships. The changes include:
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