Right-to-work checks in the UK now cover a wider range of working arrangements than traditional employment. From 1 October 2026, section 48 of the Border Security, Asylum and Immigration Act 2025 extends the scheme beyond contracts of employment, under the Home Office's updated Employer's guide to right to work checks.

The change matters for employers, agencies, platforms and subcontractors, because a check that was previously associated mainly with payroll employees may now be needed before a much broader group starts work. The Home Office guidance states that how an arrangement works in practice matters, not only the label put on the contract.

Who is now in scope

From 1 October 2026, the scheme covers people on a worker's contract, including casual, zero-hours and bank staff; individual subcontractors who carry out the work themselves; and some arrangements made through online matching services that connect customers with people offering a service. Where a contract permits substitution, every substitute must also be checked before they work.

Penalties and the statutory excuse

An employer that carries out a prescribed check correctly before work starts, and keeps the required records, can establish a statutory excuse against a civil penalty, even if the person later turns out not to have the right to work. Without that excuse, civil penalties can reach £45,000 per worker for a first breach and £60,000 per worker for a repeat breach within three years, with reductions for early reporting and active cooperation in some cases.

Businesses can also face extended liability through a subcontracting chain or an online matching service they operate, even without a direct employment relationship. Employers should check the official GOV.UK guide before acting, as rules change, and take regulated advice for individual cases - this brief is general information, not personal immigration advice.