Right to Work: October 2026 changes explained

From 1 October 2026, the duty for employers to carry out Right to Work checks applies to a wider range of working arrangements. Previously, checks were only required where there was a direct employer‑to‑employee relationship. Employers may now need to carry out checks on individuals who are not employees but still perform work for the organisation, including subcontractors and other workers. 

These groups were not subject to mandatory checks before 1 October 2026, but the changes have brought them into scope. As these checks are mandatory, it is important to identify who is now covered, as the expanded scope increases the risk of employers becoming non‑compliant.

Do the checks apply to everyone? – Exceptions

There is an exception for individuals who are genuinely self‑employed and providing their own service or labour and where your company is their client. Therefore, many contractors operating as true self‑employed businesses will remain outside scope.

It may be helpful to highlight that one of the main additions in the guidance is the inclusion of online matching services. These cover companies such as food delivery platforms and courier‑type apps. The purpose of the changes is to bring these arrangements into scope rather than those who are self‑employed and providing services direct to clients.

What is extended liability?  

Extended liability is a new framework which extends the responsibility for preventing illegal working, in situations where multiple companies are engaging with the worker. This ‘liability’ extends beyond the direct employer to other companies involved with that worker. These organisations face a separate civil penalty if certain steps are not taken. 

This is separate from the right to work check. The right to work check stays with the direct employer or matching service. 

The new extended liability framework is the other major update and is equally as significant. 

How to protect your organisation from extended liability

To protect your business when engaging with workers or contractors being provided by other companies, you should:

1. Have ID verification systems which check to confirm the person doing the work is the person engaged. This is separate from a Right to Work check and applies in all extended‑liability situations.
2. Provide written contractual terms, stating who provides the work, who supplies the workers, and how those individuals are identified and approved. Each party’s role and accountability must be defined. 
3. Have substitution controls which prevent unapproved substitution and only allow substitution where it is expressly permitted.

Who does extended liability apply to? 

These changes potentially affect all employers. Working arrangements should be reviewed to identify who may now need a Right to Work check where one was not required before. Employers also need to consider whether they fall within the scope of extended liability and, if so, update their written contracts to reflect the new requirements.

The task of identifying who is a worker, self‑employed or a subcontractor is not an easy one in employment law. The new right to work check code of practice introduces mandatory steps, and there is no grace period. Some parts remain unclear for employers, which creates foreseen difficulties when applying the updated requirements.

Further information and support

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