Right to Work Checks for employers: October 2026 updates 

For many employers, the right to work check is a core compliance duty. Changes have now been announced that will affect both the scope of these checks and who is responsible for carrying them out. Employers need to understand the impact of these changes before they take effect on 1 October 2026.

With clear internal procedures and the right guidance, employers can complete these checks confidently and avoid unnecessary delays for both their organisation and future employees. When done correctly, the checks also protect the employer against penalties if it is later discovered that an employee did not have permission to work. 

What is a right to work check? 

A right to work check allows an employer to confirm that someone is legally allowed to work in the UK and fill the role they are being offered.  

Importance of Right to work checks 

Hiring someone who does not have the right to work can lead to consequences for employers. These can include a civil penalty of up to £60,000 for successive breaches, a criminal conviction, closure of business premises, and for sponsors, the loss of their licence. 

This is why right to work checks are important, as they give you a statutory excuse. A statutory excuse legally protects you from a civil penalty. As an employer, your aim is to make sure you have a continuous statutory excuse in place to protect you.

Who needs a Right to Work check with the current rules? 

According to the rules pre-October 2026, employers should carry out a check on every prospective employee, including British and Irish citizens. Checks should be completed before employment begins and should be conducted consistently across the organisation. Currently it is only the direct employer who needs to conduct a right to work check on its prospective employees. This is one of the areas that is being expanded under the upcoming changes.

What type of check is needed?

The correct type of check depends on the worker’s nationality, immigration status and the evidence available. Employers may need to use one of three processes:

• a manual check of an acceptable original document;
• a digital check through a Digital Verification Service for an eligible British or Irish citizen with a valid passport or Irish passport card; or
• a Home Office online right to work check for someone with digital immigration status such as an eVisa.

Increasingly, with the digitisation of the immigration system and the roll‑out of eVisas, employers are conducting online right to work checks. However, manual checks remain relevant for British and Irish citizens, who do not have eVisas.

What is changing on 1 October 2026? 

The current process only applies to a direct employer‑employee relationship. Under the existing rules, an employer only needs to carry out a right to work check on its own future employees. 

On 1 October 2026, these rules are being expanded in two main ways: 

• Expansion of who exactly needs to be checked; and
• Expansion of who is responsible for preventing illegal working (and thus liable).

Who will need a Right to Work check after 1 October 2026?

From 1 October 2026, right to work checks will apply to a wider range of working arrangements. The checks will no longer be strictly limited to the traditional employer‑employee relationship. They will be expanded to also cover:  

• Workers on a contract (‘contractors’)
• Individual subcontractors
• Online matching services.

The responsibility for carrying out the check will depend on who holds the contractual relationship with the worker. In some cases, the direct employer will not be the one responsible. For example, if you are engaging with a worker who is supplied by an agency, the agency will usually be responsible for conducting the right to work check.

However, there is a further change which will expand the liability of organisations/business engaging with that person.

Changes to liability and civil penalties after 1 October 2026 

From 1 October 2026, liability to prevent illegal working may extend beyond the direct employer. Depending on the arrangement, another organisation engaging with the worker could also be held responsible and therefore liable to civil penalties. 

This ‘extended liability’ is separate from the duty to conduct the check. The check still sits with the direct employer or the organisation directly engaging with the worker. However, the rules are expanding so that other organisations may be liable for a civil penalty, even if they are not the one carrying out the right to work check.

Similar to the current rules, those in scope will need to obtain a statutory excuse, however this does not mean they have to conduct a right work check.  For organisations that fall within extended liability, there is a new statutory excuse. This is separate from the statutory excuse gained through a right to work check. To rely on this new protection, organisations must meet extra requirements including having written contractual terms covering responsibility for checks, controls on further subcontracting, and substitution. If someone else carries out the work, they must verify the identity of the person actually doing the job.

Changes to Digital Verification Service Providers

There is another change which relates to employers using  Digital Verification Service Providers (‘DVSP’) to check the documents for certain individuals (usually British and Irish citizens). These providers are not mandatory to use, however they can be helpful to make the document verification process easier. 

From 1 October 2026, any DVSP you use must be approved by the UK government and importantly they must be approved to carry out right to work checks, not just general identity verification.

Steps for employers:

The changes take effect on 1 October 2026, so employers should prepare now to make sure they are compliant.

It is advisable to:

• Review your current working relationships. Look beyond employees and check whether any contractors, subcontractors or platform‑based workers fall in scope of the changes.
• Review your contracts. Make sure they include the required protections on substitution and further subcontracting. 
• If you use a digital verification service provider, check that they are authorised by the Home Office and make sure you are using a right to work check service, not just an identity‑only service.
  

Further information and support

You can find more information about recruiting international workers and employer responsibilities on our Business immigration guidance pages .