The government is introducing a new clause to the Border Security, Asylum and Immigration Bill that would widen the current right to work framework to include more flexible working arrangements. If implemented, the new rules will broaden the scope of the existing right to work regime to cover organisations using so-called gig economy workers.
Proposed changes
At present, UK employers are only required to carry out right to work checks where individuals are employed under standard employment contracts. The checks are legally required to establish a statutory excuse against a civil penalty if an employee is later found to lack immigration permission.
Under the proposals, employers will also need to carry out right to work checks where individuals are engaged through non-traditional arrangements. This would include workers engaged under a contract for services, individual subcontractors and people sourced through online platforms.
The Government says the extended rules are aimed at addressing gaps in the existing system that have enabled irregular working practices, particularly in sectors that rely on casual, freelance or gig-based labour. Many of these working models have grown rapidly in recent years and currently fall outside the current scope of statutory checks.
According to the government’s impact assessment, the change is intended to create a level playing field across all sectors. preventing businesses from avoiding legal checks by using flexible work models, reduce illegal working and support fair competition by applying the same obligations to all employers regardless of engagement method.
Next steps for employers
The government plans to consult with businesses and stakeholders before bringing the changes into force. The consultation will collect feedback from employers operating in these newer work models and help shape future guidance and statutory codes of practice.
The Home Office also intends to assess the likely impact on employers and make any necessary adjustments to enforcement and compliance. A lead-in period is expected between the publication of guidance and the introduction of penalties to allow employers time to understand their new responsibilities and adapt their right to work processes.
The new requirements are expected to take effect no later than 2026–27.
Need assistance?
DavidsonMorris are UK immigration compliance specialists. For guidance on the right to work regime and what these changes will mean for your organisation, contact us.
Author
Founder and Managing Director Anne Morris is a fully qualified solicitor and trusted adviser to large corporates through to SMEs, providing strategic immigration and global mobility advice to support employers with UK operations to meet their workforce needs through corporate immigration.
She is a recognised by Legal 500 and Chambers as a legal expert and delivers Board-level advice on business migration and compliance risk management as well as overseeing the firm’s development of new client propositions and delivery of cost and time efficient processing of applications.
Anne is an active public speaker, immigration commentator, and immigration policy contributor and regularly hosts training sessions for employers and HR professionals
