Expanded Right to Work Rules Now in Force

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Anne Morris

Employer Solutions Lawyer

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Key Takeaways

 

  • Right to Work checks now apply to a wider range of working arrangements.
  • Businesses may face exposure beyond traditional employment relationships.
  • Employers should review contractor, subcontractor and platform arrangements.

 

The Right to Work Scheme has expanded from 1 October 2026, extending the range of arrangements where businesses may need to consider immigration status checks and potential civil penalty exposure.

The changes go beyond traditional employment relationships and introduce additional responsibilities for organisations engaging workers through certain contractual structures, including worker’s contracts, individual subcontracting arrangements and online matching services.

The immediate issue for employers is whether under the new regime, current workforce models, supply chains and contractual arrangements create new right to work compliance obligations.

We are hosting a live webinar on 6 October to update on the changes and what they mean in practical terms for employers. Register your free place here >

SECTION GUIDE

What has changed?

The scope of the Right to Work regime has been widened, extending obligations beyond traditional employment relationships in specified circumstances.

Previously, the scheme was primarily focused on individuals engaged under a contract of employment. From 1 October 2026, the scope extends to certain working arrangements involving:

 

  • workers engaged under a worker’s contract;
  • individual subcontractors providing personal services;
  • online matching services that connect service providers with clients or customers.

 

The changes also introduce extended liability provisions for certain contractual chains. Where prescribed conditions are met, responsibility for Right to Work compliance may extend beyond the organisation with the direct relationship with the individual.

The Home Office guidance confirms that the expanded regime is intended to cover working arrangements where individuals provide services personally outside traditional employment structures, while still carrying out work for an organisation or customer.

What does this mean for employers?

Employers should review how their wider workforce is engaged and consider whether any arrangements extend beyond employees on payroll. Areas that may require review include:

 

  • contractors and subcontractors;
  • outsourced service arrangements;
  • platform-based working models;
  • contracts that allow individuals to provide substitutes.

 

The expanded regime does not automatically bring every supplier, contractor or self-employed individual within the Right to Work Scheme. Genuine independent businesses providing services directly to clients remain outside the checking requirements.

Whether an arrangement falls within scope will depend on the substance of the relationship, including how work is allocated, who performs the services, whether substitution operates in practice and how the contractual arrangement functions day to day.

What should employers do now?

Employers should review their workforce compliance framework to identify any arrangements that may fall within the expanded scope of the Right to Work Scheme. Practical steps include:

 

  • mapping non-employee working arrangements across the organisation;
  • reviewing contractor and supplier agreements;
  • checking whether substitution clauses reflect the way services are actually delivered;
  • confirming where responsibility for Right to Work checks sits within contractual chains;
  • updating onboarding and compliance procedures where required.

 

Businesses that rely on large contractor populations, outsourced labour models or platform-based arrangements should consider whether their existing controls provide a clear audit trail of compliance if reviewed by the Home Office.

 

 

DavidsonMorris Strategic Insight

 

Right to Work compliance is becoming a wider workforce governance responsibility, extending beyond the point of recruitment into the way organisations structure and manage their workforce.

The latest expansion of the Right to Work Scheme requires employers to have a clear understanding of responsibility across employee, contractor and outsourced arrangements, with contractual frameworks, operational practice and compliance controls working together.

 

 

 

Speak to our Right to Work Compliance Team

Our business immigration specialists can help you assess how the updated rules affect your organisation, strengthen your internal processes or provide an independent review of your existing controls.

Our support includes:

 

  • Fixed fee Right to Work consultations to review specific workforce arrangements, compliance concerns or practical questions.
  • Right to Work training for HR teams, recruiters, managers and compliance teams, delivered through flexible online, webinar and onsite formats.
  • Right to Work audits providing an independent assessment of checking processes, records and controls to identify gaps and areas for improvement.

 

Speak to our team about your Right to Work compliance requirements.

 

About our Expert

Picture of Anne Morris

Anne Morris

Founder and Managing Director Anne Morris is a fully qualified Immigration solicitor and workforce compliance specialist, advising corporates and SMEs on strategic immigration, global mobility and workforce compliance.She is recognised by Legal 500 and Chambers, providing Board-level advice on business migration, compliance risk and efficient immigration programme delivery.Anne is also a public speaker, immigration commentator and policy contributor, and regularly delivers training for employers and HR professionals.
Picture of Anne Morris

Anne Morris

Founder and Managing Director Anne Morris is a fully qualified Immigration solicitor and workforce compliance specialist, advising corporates and SMEs on strategic immigration, global mobility and workforce compliance.She is recognised by Legal 500 and Chambers, providing Board-level advice on business migration, compliance risk and efficient immigration programme delivery.Anne is also a public speaker, immigration commentator and policy contributor, and regularly delivers training for employers and HR professionals.

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Legal Disclaimer

The matters contained in this article are intended to be for general information purposes only. This article does not constitute legal advice, nor is it a complete or authoritative statement of the law, and should not be treated as such. Whilst every effort is made to ensure that the information is correct at the time of writing, no warranty, express or implied, is given as to its accuracy and no liability is accepted for any error or omission. Before acting on any of the information contained herein, expert legal advice should be sought.