Right to Work Checks Are Changing from October 2026

Right to Work Checks Are Changing – Is Your Business Ready for 1 October?

From 1 October 2026, Right to Work requirements are changing, and for many organisations the impact will extend beyond their usual employee checks.

The new rules widen the requirements to cover more working arrangements, including workers and individual subcontractors, as well as some individuals who find and provide work through online platforms.

The detailed Home Office guidance is still in draft, so there may be some finer details to come. However, with October fast approaching, businesses should start reviewing their current arrangements now rather than waiting for the final guidance.

Right to Work is no longer just an employee issue

Most employers are familiar with completing Right to Work checks when taking on a new employee. From October, businesses will need to think more broadly about the different ways individuals carry out work for them.

The extended requirements include people working under a worker’s contract and individual subcontractors. They will also apply to certain arrangements involving online services that connect an individual who will personally carry out work with someone looking for that service.

Importantly, this doesn’t mean that every self-employed contractor or supplier will suddenly need a Right to Work check. Genuine business-to-business arrangements can still fall outside the scheme, which is why understanding the nature of your individual working arrangements will be important.

The key message for employers is that “they’re not our employee” will no longer necessarily mean “Right to Work isn’t our problem.”

What about agencies, contractors and subcontractors?

Another important part of the changes relates to extended liability, particularly where there is a chain of organisations involved in supplying or subcontracting work.

The direct employer remains responsible for carrying out the relevant Right to Work check, but under the new rules liability for illegal working can, in certain circumstances, extend further up the contractual chain.

For businesses using agencies, contractors or subcontractors, this makes it increasingly important to understand who is responsible for the checks, ensure contractual arrangements reflect those responsibilities and have appropriate evidence that the agreed processes are being followed.

Simply assuming that another organisation has dealt with Right to Work may not provide the protection a business expects.

What should businesses do before 1 October?

A sensible starting point is to audit the different ways people currently carry out work for your organisation.

Look beyond your employee list and consider workers, individual contractors and subcontractors, as well as arrangements involving agencies, suppliers and relevant online platforms. You can then establish which arrangements are affected, who is responsible for completing the necessary checks and whether you have appropriate evidence in place.

Existing agency, contractor and supplier agreements are also worth reviewing to establish whether responsibilities are sufficiently clear or whether any changes are required before October.

Making Right to Work checks easier

Right to Work compliance doesn’t necessarily need to mean adding more administration. People Pillar works with an online Right to Work checking provider, which can help organisations make the checking process more straightforward and consistent.

We can also support businesses and charities with reviewing their existing arrangements, contractor agreements and Right to Work processes, as well as providing a practical Right to Work audit tool and guidance.

The detailed Home Office guidance remains in draft, and we’ll continue to monitor any further developments before the changes take effect. In the meantime, understanding who is working in your organisation, who is responsible for checking their Right to Work and whether you can evidence that your process is working is a sensible place to start.

It may not be the most exciting item on your to-do list, but finding any gaps before 1 October rather than after it could prove considerably less painful.

If you would like support preparing for the changes, contact the People Pillar team today and we can guide you through the next steps.