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.
