UK Right to Work changes from 1 Oct 2026

Avoid £60k fines! Discover how the October 2026 UK work rules update transforms right-to-work compliance for employers and supply chains.

Synopsis: Major UK work rules changes take effect on October 1, 2026, introducing severe civil penalties of up to £60,000 per illegal worker. This critical update expands compliance mandates across supply chains, subcontractors, and online platforms. Employers must audit vendor contracts, verify digital ID checkers, and maintain rigorous records immediately to secure statutory defence.

The Right to Work RTW Scheme will be expanded from regular employees to gig workers, contractors, zero-hours staff and online platform workers from 1 October 2026, according to the UK Home Office. In effect, businesses can now be responsible for any non-employee in their labour chain without the right to work. This implies that significantly more employers will need to conduct proper RTW checks; this ranges from high street shops to delivery platforms.

Who is Now Covered?

The new rules include that the definition of “employment” will broaden to include:

UK Right to Work Changes

Importantly, truly independent professionals who are self-employed and are working directly with the client are not included in the scheme, where there is no labour-supply chain or platform. But the Home Office will consider the real working agreement, rather than the label.

Penalties and Business Risks

There are very harsh consequences for not complying. The civil-penalty system is still in place: fines up to £60,000 for each illegal worker are still available for businesses. Licensed sponsors have the risk of losing their licences. Where an organisation was aware, or reasonably ought to have known, that illegal working was taking place, then criminal prosecution is a possibility, with unlimited fines and a possible prison sentence of 5 years for individual directors and managers. Immigration officers have the discretion to impose closure notices to close premises for up to 48 hours and demand court-ordered compliance regimes for up to 12 months. Businesses that are found guilty can see their names in the Home Office naming-and-shaming lists.

UK Right to Work Changes

Preparing for Compliance

It is essential for employers and organisations to begin now: Identify all groups of workers, analyse contracts and supplier agreements to incorporate RTW clauses, and determine who will carry out checks. Update onboarding and HR procedures to catch gig and casual engagements. Educate HR, procurement and legal teams on the new rules. Where digital identity checks are being used, make sure that your provider is a registered “RtW DVSP”.

Contractors and gig workers are advised to keep their documentation, passport, Biometric Residence Permit, and e-visas up to date and valid. If dealing with UK companies, be prepared for these checks; be ready to supply your Home Office share code or the visa information. 

Those holding work visas, e.g., skilled worker visa holders, will need to verify their visa status and that they are legally working under that visa. These changes do not mean that you have lost any rights you have, but rather that your employers are now under a greater obligation to carry out checks properly. Have your digital status share code or BRP card handy for verification when required. 

Next steps: Review your labour strategies ahead of October by leveraging the Home Office employer toolkit and tracking the final code of practice. To put this into practice, approach Right to Work compliance as a collaborative priority, engaging your HR, legal, procurement, and IT departments to seamlessly update systems and agreements. 

FAQs

What is now considered “employment” for RTW checks? 

• Normal employment

• Workers’ contracts (casual/agency/temp work)

• Individual subcontractors in a contract chain  

• Online matching services/gig platforms

In essence, if someone is supplying personal services in your arrangement, whether through a contractor or an app, then you will probably need to carry out a right-to-work check. 

Under the new rules, who is liable if there is an illegal worker?

The duty to pay is passed up the supply chain. This can apply to all parties involved or responsible for the engagement and/or management of workers and is relevant to end clients, contractors, recruiters and even gig platforms. All enterprises in the chain that do not check could be fined, even if there is no employment contract. 

What are the penalties for non‑compliance?

Very high. Civil penalties of up to £60,000 per illegal worker and revocation of the business’s licences are potential penalties for businesses. If illegal working is found to be deliberate or negligent, criminal charges can bring unlimited fines and up to 5 years’ jail. Enforcement officers may also close premises on 2 days’ notice and request 12-month compliance orders. If you did the checks, then you need to maintain evidence, or you will lose the statutory excuse defence.

What should be the employer’s next steps before Oct 2026?

What needs to be done includes: Carrying out a “census” of all the workers involved in your supply chain; modifying or adding to contracts to include right‑to‑work conditions; ensuring your digital ID checker is government registered; training staff on new procedures; and establishing record-keeping practices for these checks. This is a big compliance initiative; get ahead of the fine game. 

I have a working visa in the UK. What do I need to do?

These changes will not affect a person’s right to work if they are legally entitled to work because of a visa or settled status. Immigration documents need to be kept current and easily accessible. Employers will have to confirm your status (for example, by checking your Biometric Residence Card or checking from the website online via the share code). Be sure to alert your sponsor and/or employer to the new rules and ensure they are prepared for the additional checks.