The UK Home Office has released updated draft guidance on right to work checks, with changes expected to take effect from 1 October 2026 (click here for the draft code of practice).
For employers, the central development is that the right to work regime will extend beyond traditional employment relationships. From 1 October, right to work obligations may apply to a broader range of working arrangements, including certain workers, individual subcontractors, platform-based labour and online matching services. As a result, organisations may need to look beyond their direct employees and assess whether updates to right to work processes, policies, contractual protections and identity-verification procedures are needed across wider labour models and supply chains.
The most significant change is an expanded definition of “employer” for right to work purposes. In practice, this may bring the following arrangements within scope:
The draft guidance also details the concept of extended liability. In certain circumstances, right to work liability may extend beyond the organisation that directly contracts with the individual. This is particularly relevant where work is delivered through a chain of contracts, where an online matching service is involved or where substitution is permitted. For example, where a business subcontracts work to another company, the business higher in the chain may need to demonstrate that it had appropriate contractual terms, assurance processes and identity-verification checks in place. Similarly, where a worker may nominate a substitute to perform the work on their behalf, organisations will need processes in place to ensure that any substitute undergoes a compliant right to work check before starting work.
The draft guidance acknowledges that not all contractors or service providers will fall within the expanded regime. For example, a genuinely self-employed plumber advertising directly to the public and serving multiple customers would not generally require a right to work check by each customer. Likewise, where a company engages a personal service company or procures services under a typical business-to-business arrangement, the client company may not be required to carry out a right to work check. However, contractual labels will not be determinative. The Home Office will assess how the arrangement operates in practice, including how the work is arranged, supplied and performed.
Beyond the structural changes, employers should note several practical updates:
Employers should use the period before 1 October 2026 to assess the impact of these changes on their workforce model and compliance processes. Key actions include:
As implementation of the changes progresses, further detail and clarification on their practical application may be provided by the Home Office. Employers should continue to monitor developments and review processes as additional guidance becomes available. Reading the draft guidance and associated code in full—and seeking advice where labour models or supply chains may be affected—is recommended.
Danielle Mapp
BDO in United Kingdom
For employers, the central development is that the right to work regime will extend beyond traditional employment relationships. From 1 October, right to work obligations may apply to a broader range of working arrangements, including certain workers, individual subcontractors, platform-based labour and online matching services. As a result, organisations may need to look beyond their direct employees and assess whether updates to right to work processes, policies, contractual protections and identity-verification procedures are needed across wider labour models and supply chains.
What Is Changing?
The most significant change is an expanded definition of “employer” for right to work purposes. In practice, this may bring the following arrangements within scope:
- Workers engaged under contracts for services, e.g., temporary workers supplied by an employment business;
- Individual subcontractors, e.g., including individuals providing services through a platform or an intermediary;
- Online matching services, e.g., platforms that match individual service providers with customers; and
- Contractual chains where work is delivered through subcontracting arrangements.
The draft guidance also details the concept of extended liability. In certain circumstances, right to work liability may extend beyond the organisation that directly contracts with the individual. This is particularly relevant where work is delivered through a chain of contracts, where an online matching service is involved or where substitution is permitted. For example, where a business subcontracts work to another company, the business higher in the chain may need to demonstrate that it had appropriate contractual terms, assurance processes and identity-verification checks in place. Similarly, where a worker may nominate a substitute to perform the work on their behalf, organisations will need processes in place to ensure that any substitute undergoes a compliant right to work check before starting work.
What Is Not Generally In Scope?
The draft guidance acknowledges that not all contractors or service providers will fall within the expanded regime. For example, a genuinely self-employed plumber advertising directly to the public and serving multiple customers would not generally require a right to work check by each customer. Likewise, where a company engages a personal service company or procures services under a typical business-to-business arrangement, the client company may not be required to carry out a right to work check. However, contractual labels will not be determinative. The Home Office will assess how the arrangement operates in practice, including how the work is arranged, supplied and performed.
Practical Reminders for Right to Work Checks
Beyond the structural changes, employers should note several practical updates:
- eVisas and online checks: Individuals with eVisas must evidence their right to work via the Home Office online service. If they cannot, the Employer Checking Service may be required.
- Share codes: Employers should only accept share codes beginning with W (codes beginning with R or S relate to other services). The employer or business name must be recorded in full when using the Home Office online service.
- Manual checks: Original documents remain essential for manual checks. Evidence of name and National Insurance number may include digital versions issued by government agencies (e.g., screenshots, email receipts, etc.). Employers must not request passwords to access digital records.
- Right to work digital verification service providers: Digital verification service providers must be registered on the Office for Digital Identities and Attributes register and authorised to provide right to work checks.
- Employer responsibility: Even when using a right to work digital verification service provider, the employer remains responsible for ensuring checks are completed correctly.
- BRPS: Biometric Residence Permits are no longer acceptable evidence of right to work.
What Should Employers Do Now?
Employers should use the period before 1 October 2026 to assess the impact of these changes on their workforce model and compliance processes. Key actions include:
- Mapping labour categories, including workers, contractors, platform labour and subcontracting arrangements;
- Reviewing contractual chains, including substitution clauses and online matching arrangements;
- Updating right to work policies and onboarding processes;
- Updating contracts with agencies, suppliers, subcontractors and service providers to include right to work obligations, audit rights and cooperation requirements; and
- Maintaining audit trails, documenting how right to work compliance is managed in practice.
As implementation of the changes progresses, further detail and clarification on their practical application may be provided by the Home Office. Employers should continue to monitor developments and review processes as additional guidance becomes available. Reading the draft guidance and associated code in full—and seeking advice where labour models or supply chains may be affected—is recommended.
Danielle Mapp
BDO in United Kingdom