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A major shift is coming in UK immigration compliance — and it’s one every organisation that uses agency workers, contractors, self-employed, or gig economy platforms must urgently understand.
On 12 May 2025, the Border Security, Asylum and Immigration Bill introduced a significant amendment: the extension of employer liability under the Immigration, Asylum and Nationality Act 2006. This change significantly broadens who can be held responsible for ensuring a worker has the legal right to work in the UK — and it’s likely to catch many businesses off-guard.
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⚠️ The Key Change: Liability Extends Beyond Direct Employers
Traditionally, the legal duty to carry out right to work checks sat squarely with the direct employer — the entity that had a contract of employment with the worker.
But under the new Clause NC5, due to come into force later this year, liability is extended to:
- Organisations engaging workers under a worker’s contract (non-employees),
- Sub-contractors in service delivery chains,
- Online platforms that match individuals with clients (e.g. gig economy apps),
- And potentially, end-user businesses receiving workers via agencies.
In short, if an individual is providing work or services for your business, you may now be legally viewed as their employer — even without a direct contract, and even if you didn’t know they were involved.
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🧾 What This Means for Employers Using Agency Workers
Let’s be clear: if you’re relying on recruitment agencies, umbrella companies, outsourcing providers, or temporary labour platforms — this law directly affects you.
You may now be held liable if any worker on your premises, under your supervision, or working within your organisation does not have a valid right to work.
The critical question becomes:
Can you prove that every individual contributing to your operations is legally eligible to work — regardless of who hired them?
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✅ Why Agency Checks Alone May Not Be Enough
While many businesses assume their recruitment agency has taken care of right to work compliance, this new law introduces a layer of complexity. Even if the agency has conducted checks:
- If the check was done improperly, liability could still fall on you.
- If you cannot evidence that the check was valid and compliant, you’re exposed.
- If you don’t audit your supply chain, you risk reputational and legal consequences.
Under Section 15A(4) of the amendment, businesses can be treated as employers even without a direct contractual relationship with the worker.
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🔐 How Rightcheck Can Protect Your Business
As the compliance landscape tightens, organisations need digital, auditable, and proactive tools that leave no room for doubt.
Here’s how we help:
- Digitised Right to Work Checks – for All Worker Types
Whether you engage direct employees, temps, contractors, or freelancers, Rightcheck enables you to carry out fully compliant Right to Work checks — via a simple, intuitive app with all data stored securely in the cloud. - Complete oversight and control
With our app based platform, you can equip all your recruitment or staffing partners to use the Rightcheck recruiter app, providing you complete oversight, control, and assurance. - Audit-Ready Records
Every check conducted through Rightcheck is time-stamped and evidentially logged — ready for inspection at any time, with no paperwork hunting or legal guesswork. - Alerts and Monitoring
Receive real-time notifications of expiring visas, incomplete checks, or missing documentation, preventing slips through the cracks. - Seamless Onboarding Experience
Our user-friendly platform integrates with your HR systems and onboarding workflows, ensuring Right to Work compliance is baked into your recruitment process — not bolted on at the end.
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📣 The Bottom Line
This forthcoming new legislation represents one of the most significant changes to recruitment compliance, with responsibility for Right to Work checks now falling on the shoulders of the many businesses who rely upon agency staffing.
Rightcheck is here to make this responsibility manageable, clear, and secure.
As the law changes, let us help ensure your business is protected — not just legally, but reputationally and operationally.
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Ready to fortify your hiring?
Let’s talk about how Rightcheck can help you do it all – better.
👉 Book a demo with Rightcheck today and prepare your recruitment compliance strategy for the new legal landscape.
Or speak to our team today.
Note: This article is intended for general informational purposes only and does not constitute legal advice. Please consult with legal professionals for specific guidance.
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