{"id":198710,"date":"2026-08-14T14:02:24","date_gmt":"2026-08-14T12:02:24","guid":{"rendered":"https:\/\/factorialhr.com\/blog\/?p=198710"},"modified":"2026-08-14T14:02:50","modified_gmt":"2026-08-14T12:02:50","slug":"uk-right-to-work-check-changes","status":"publish","type":"post","link":"https:\/\/factorialhr.co.uk\/blog\/uk-right-to-work-check-changes\/","title":{"rendered":"UK Right to Work Checks Are Changing in October 2026: What Employers Need to Know"},"content":{"rendered":"

From 1 October 2026, the UK\u2019s Right to Work Scheme is due to become much broader. The biggest change is that right to work checks will no longer be associated only with traditional employees. The new rules after the right to work changes come into effect will also cover certain workers, individual subcontractors and people providing services through online matching platforms. There is another important change. In some contractual arrangements, civil penalty liability may extend beyond the business that has the direct contract with the worker. This is known as extended liability<\/strong>.<\/p>\n

The changes come from section 48 of the Border Security, Asylum and Immigration Act 2025<\/a>, which amends the Immigration, Asylum and Nationality Act 2006. The Home Office<\/a> published draft employer guidance on 16 July 2026. That draft says the updated guidance will come into force on 1 October 2026. GOV.UK still describes the October 2026 employer guidance as a draft at the time of writing, so employers should check the final guidance before the rules take effect.<\/p>\n

For HR teams, platforms and businesses that rely on contractors or flexible labour, this is a significant change. Here is what employers need to know.<\/p>\n

What is a Right to Work check in the UK?<\/h2>\n

A right to work check is the process an employer follows to confirm that someone is legally allowed to carry out the work they are being engaged to do in the UK, according to UK employment law<\/a>.<\/p>\n

When an employer carries out the prescribed check correctly before work begins, it can establish what is known as a statutory excuse. Put simply, this can protect the employer from a civil penalty if the person is later found to have been working illegally. Where someone only has a time-limited right to work, the employer may also need to carry out a follow-up check before that permission expires.<\/p>\n

Until now, the Right to Work Scheme<\/a> has mainly focused on traditional employment relationships. From October 2026, its scope is set to become much wider.<\/p>\n

What changes to Right to Work checks take effect on 1 October 2026?<\/h2>\n

There are four changes employers should pay particular attention to.<\/p>\n

First, the definition of an employer<\/strong> for Right to Work Scheme purposes is expanding. It will include businesses engaging people under a worker\u2019s contract, engaging certain individual subcontractors and operating qualifying online matching services.<\/p>\n

Second, extended liability<\/strong> means that responsibility can, in certain circumstances, reach further up a contractual chain rather than stopping with the business that directly engaged the worker.<\/p>\n

Third, employers choosing to carry out digital right to work verification<\/strong> through a digital verification service provider will need to use a provider registered for Right to Work services on the government register. The government maintains a live Digital Verification Services Register<\/a> identifying registered services and their supplementary codes.<\/p>\n

Finally, the list of acceptable right to work documents<\/strong> is being updated so that, where a document showing a person’s name and National Insurance number is required, an official digital version issued by or on behalf of a government agency can be accepted in the prescribed circumstances.<\/p>\n

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Who needs a Right to Work check under the new rules?<\/h2>\n

From 1 October 2026, the definition of an employer under the Right to Work Scheme will include a person or organisation engaging someone:<\/p>\n