The Home Office has launched a consultation on plans to extend Right to Work rules beyond traditional employment models to strengthen enforcement under the Illegal Working Penalty Regime.
The government initially announced plans in March 2025 to reform how legal duties to prevent illegal working apply to non-standard work arrangements such as gig economy, zero-hours and other flexible contracts.
The proposed expansion would bring these arrangements under the same verification regime currently imposed on direct employers, creating a single compliance framework across the wider labour market.
This new consultation is now seeking evidence on the administrative and financial impact of these reforms and how the right to work checks could be adapted for atypical working models. The Home Office is expected to use these responses to draft secondary legislation for parliamentary approval in 2026.
Scope of Proposed Right to Work Reforms
Under the proposal, any business or organisation engaging individuals to perform work in its name, whether directly employed or operating through an intermediary, would be required to confirm each worker’s immigration status before allowing them to start work. This would capture platform-based services, delivery networks, beauty salons, warehousing operations and construction subcontracts, as well as hospitality and care agencies using short-term or casual contracts.
The stated intention is to close perceived loopholes that have allowed illegal working to occur through third-party or self-employed structures and ensure parity of responsibility across all business models where work is carried out under a company’s brand or control.
Right to Work Consultation
The consultation opens in early November and will close at 23:59 on Wednesday 10 December 2025. Responses are invited from all sectors, particularly those that make regular use of casual labour or self-employed contractors.
Stakeholders can provide feedback on the practicalities of implementing Right to Work checks in their operating environment, the documentation that should be accepted and the potential compliance burden on small and medium-sized enterprises.
Once the consultation closes, the Home Office will review submissions and publish a policy statement outlining the legislative framework. Implementation is expected to follow in phases from mid-2026, with enforcement activity focused initially on sectors identified as higher risk for illegal working.
Implications for Employers
If adopted, the reform would extend liability to businesses that have not previously been treated as employers for immigration compliance purposes. Gig platforms, agencies and contractors would be expected to carry out and record Right to Work checks using the same standards applied to traditional employment. This means retaining evidence of the individual’s immigration permission, either through the Home Office online checking service or by verifying the relevant share code. Failure to do so could expose operators to civil penalties or criminal prosecution under the Immigration, Asylum and Nationality Act 2006.
For organisations using flexible labour, the reform therefore represents a significant compliance challenge. Many current onboarding systems are not designed to capture Right to Work evidence for non-employee workers. Employers should review their contractor engagement models, platform registration processes and agency agreements to determine where liability sits and what procedures need to be built in. Those engaging delivery or service partners through apps or franchise structures should ensure that data capture and record-keeping align with the proposed legislation.
DMS Perspective
The consultation foreshadows a shift from employer-only checks to a model that captures platforms, agencies and brands that direct work. If adopted, the broader Right to Work rules would effectively impose collective accountability across supply chains, requiring a more proactive and documented approach to workforce verification.
In preparation, it’s advisable for those affected to undertake a mapping exercise of all workforce channels, including self-employed and subcontracted routes, and identify the point at which work is accepted in your name. Contracts should allocate verification responsibility clearly, set evidence standards that mirror the employer guide and allow for audit access. Technical solutions may be needed to capture share codes at scale where onboarding is app-based or decentralised.
Need Assistance?
In light of the potential reforms, employers and intermediaries should take the opportunity sooner rather than later to prepare internal audits of worker verification systems and plan for a broader compliance duty once the final framework is confirmed. Waiting for final legislation will leave little time to retrofit processes, so prototype workflows now and feed evidence-based points into the consultation.
DavidsonMorris are UK immigration compliance specialists. For expert guidance on any aspect of the Right to Work regime, including the possible broadening of its reach to cover non-traditional working arrangements, contact us.
