With the new Right to Work provisions coming into force on 1 October 2026, organisations should use the remaining time to review their workforce arrangements, supply chains and compliance processes.
For many employers, this will not mean completely changing their existing right to work checking process. Instead, the focus should be on understanding whether their wider arrangements are affected and whether appropriate controls are in place.
These are some of the questions we have been asked:
Potentially, yes.
Organisations should review relevant agreements to ensure that responsibilities for right to work compliance are clearly addressed, particularly where contractors, agencies or other third parties are involved in delivering work or services.
Depending on the arrangements, organisations may need to consider whether agreements adequately deal with:
responsibility for carrying out right to work checks
obligations to provide evidence or information demonstrating compliance
audit and verification rights
notification requirements where concerns are identified
arrangements involving substitutes
the use of further subcontractors.
However, contractual wording alone may not be enough.
The draft guidance indicates that organisations may need effective processes for ensuring relevant controls operate in practice. A contractual obligation requiring a supplier to carry out checks...
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