Right to Work checks are changing in October 2026. Is your organisation ready?

The Right to Work landscape is about to change significantly. From 1 October 2026, organisations will need to look beyond traditional employees and consider everyone they engage — including contractors, subcontractors, casual workers and platform-based workers.

The changes introduce wider responsibilities, increased liability and new expectations around how organisations verify the people carrying out work on their behalf.

Here is what you need to know.

Right to Work checks will no longer just apply to employees

Historically, Right to Work checks have mainly been associated with permanent employees and traditional recruitment processes.

However, changes introduced through Section 48 of the Border Security, Asylum and Immigration Act 2025 will expand these obligations from 1 October 2026.

The updated requirements will apply to a much broader range of working arrangements, including:

• Workers engaged through casual or zero-hour contracts
• Individual subcontractors
• People working through online platforms and gig economy services

For organisations that rely on flexible labour models, this represents a major shift. The responsibility to confirm someone has the right to work may now extend far beyond your direct employees.

Responsibility may extend across your supply chain

One of the biggest changes is the introduction of wider liability.

Previously, responsibility generally sat with the organisation directly engaging the individual. Under the new approach, liability may move further along the chain if the Home Office cannot clearly identify who holds the direct relationship with the worker.

For organisations using agencies, subcontractors or outsourced labour, this means having confidence that the right checks are being completed throughout your workforce ecosystem.

With penalties currently reaching up to £60,000 per illegal worker, getting your processes right is essential.

Replacement workers and subcontracting arrangements need greater oversight

Many contracts include substitution clauses that allow one person to carry out work on behalf of another.

From October, organisations will need stronger processes to demonstrate that the person completing the work is the same individual who was verified.

This may require additional controls such as:

• Identity verification at the point of work
• Access controls and ID checks
• Regular verification processes
• Clear records showing who completed each check

A Right to Work check completed at onboarding alone may no longer be enough.

Digital Right to Work checks must use approved providers

Organisations choosing digital Right to Work verification will need to ensure their provider is registered with the Office for Digital Identities and Attributes (OFDIA).

Using an unregistered provider could mean you do not receive the legal protection normally provided by completing a compliant check.

Now is the time to review your current provider and confirm they meet the new requirements.

How to prepare before October 2026

1. Understand your workforce Map everyone who carries out work for your organisation, including employees, contractors, agency workers, subcontractors and platform workers.

2. Review supplier agreements Make sure contracts clearly define responsibilities for Right to Work checks and provide evidence if compliance is challenged.

3. Build checks into every engagement route Right to Work verification should form part of every onboarding process, not just permanent recruitment.

4. Validate your digital provider Confirm your provider meets the new registration requirements.

5. Maintain clear records A compliant process depends on being able to demonstrate when and how checks were completed.

How TalentClouds can help

TalentClouds helps organisations simplify Right to Work compliance through digital identity verification and automated background screening.

Trusted by organisations across local government, education, care and private sectors, our platform helps teams manage compliance securely and efficiently. TalentClouds is ISO 27001 and ISO 22301 certified and available through G-Cloud 14.

If you are reviewing how these changes will impact your workforce, our team can help you understand what needs to change before October 2026.

Get in touch or book a demo to see how TalentClouds can support your compliance process.

This article is for general information only and does not constitute legal advice. Guidance and regulations may change before 1 October 2026.