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The UK’s Right to Work Scheme will change on 1st October 2026, bringing a wider range of working arrangements within the illegal working civil penalty regime. The civil penalty for getting it wrong has fines up to £60,000 per illegal worker.
Section 48 of the Border Security, Asylum and Immigration Act 2025 extends the scheme beyond conventional contracts of employment. The Home Office has also published updated draft employer guidance and codes covering digital checks, civil penalties and unlawful discrimination.
For HR teams, recruitment agencies and organisations using flexible labour, the work required before October goes beyond updating a policy document. Contracts, supplier arrangements, candidate journeys and responsibility for checks may all need reviewing.
What is changing on 1st October 2026?
| Change | Who may be affected | Action to consider |
|---|---|---|
| Wider range of working arrangements | Businesses using worker contracts, individual subcontractors and online matching services | Map every way individuals are engaged to provide work or services |
| Extended liability in some contractual chains | Main contractors, platforms and organisations using suppliers to provide labour | Review contracts, audit rights and supplier controls |
| Registered provider requirement | Employers choosing to use a digital verification service provider | Confirm the provider is on the OfDIA register and approved for Right to Work |
| Updated discrimination code | All employers carrying out Right to Work checks | Check that digital, manual, ECS and online routes are handled consistently |
| New acceptable digital evidence provisions | Employers carrying out prescribed document checks | Update checking instructions and evidence-retention processes |
The updated draft employer guide says the new rules will apply to worker contracts, individual subcontractors and certain arrangements involving online matching services. It also contains extended liability provisions for some organisations that do not have a direct contractual relationship with the person doing the work.
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More workers & work arrangements fall within scope
A permanent employee working under a contract of employment is already subject to Right to Work checks. From October, the definition used by the scheme becomes wider.
The draft guidance includes temporary workers engaged under contracts for services, some individual subcontractors and people supplied through online matching services. A person’s contractual label will not settle the issue on its own. The Home Office says the practical working arrangement must also be considered.
This does not mean every self-employed person needs a check. An independent plumber advertising directly to several customers is used in the guidance as an example of an arrangement outside the scheme. A consultant supplying services through their own personal service company may also fall outside scope where the client is entering into a genuine business-to-business contract.
Organisations will need to examine how their labour arrangements work rather than relying on headings such as “freelancer”, “contractor” or “self-employed”.
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Digital providers need registration
Using a digital provider will remain optional. Employers can continue to use the prescribed manual and Home Office online routes where appropriate.
Where an employer chooses a digital verification service provider, the draft guidance says it will be mandatory to use a provider listed on the Office for Digital Identities and Attributes register and approved to offer Right to Work checks.
The register identifies which supplementary codes each service holds. A provider appearing on the register for another identity service does not automatically mean it is registered for Right to Work.
The employer still has responsibilities after receiving a digital result. They must check that the photograph and biographical information belong to the person being hired and retain the required evidence. A provider result does not transfer the final compliance decision away from the employer.
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Candidate treatment will receive more attention
The updated discrimination code applies to employment starting on or after 1st October 2026 and to repeat checks required from that date.
Employers must not treat applicants less favourably because they have time-limited permission, use an eVisa or need a different type of check. Employers may encourage a digital journey, but cannot insist on one except where the worker has been provided with an eVisa and must use the Home Office online service.
Manual checks, the Employer Checking Service and other valid routes cannot be treated as inferior options simply because they require more work from the recruitment team.
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What employers need to have in place before 1st October
Start by documenting every route through which people work for the organisation. Include employees, casual workers, agency arrangements, subcontractors, labour suppliers, platform workers and substitution clauses.
Contracts and supplier terms should then be checked against the extended liability provisions. Employers using digital checks should verify their provider’s registration status and confirm exactly which checking services it is authorised to perform.
Recruitment teams will also need updated instructions covering manual checks, eVisas, ECS referrals, digital checks and evidence retention. Testing the process with a few less familiar candidate scenarios is likely to reveal more than reviewing the policy alone.
Preparing for 1st October 2026?
Join our webinar for a practical walkthrough of the new working arrangements, digital-provider rules and discrimination code, together with the steps employers should take before the changes come into force.
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