From 1 October, the Right to Work scheme is expanding, widening the definition of ‘employer’ to bring millions of new workers into scope.  

If your business relies on contractors, subcontractors, or labour supplied through a chain (as most construction, logistics, manufacturing and civil engineering businesses do) you need to know where you sit in that chain, and what you’re now responsible for. 

Our blog goes through a key summary of the changes, and where you can go for more information to stay ready and compliant.

Key summary

 

  • Changes from: 1 October 2026 
  • Who’s impacted: Anyone who hires subcontractors, uses online matching services, or allows their workers to substitute shifts 
  • Extended liability: In some circumstances, you can be held liable for the lack of a Right to Work check, even if you are not a worker’s direct employer 
  • Standard penalties: Up to £45,000 per worker for a first breach, £60,000 for repeat breaches, or unlimited fines and up to five years in prison for knowingly employing someone without a right to work in the UK 

The importance of these changes if you use contractors or subcontractors

There are a lot of moving parts within a construction project, and construction has one of the highest rates of self-employment of any sector. The Home Office specifies industries such as construction and logistics as high-risk in regard to these changes due to the complicated nature of contractor supply chains.  

With the introduction of extended liability, certain contractual arrangements may mean that the civil penalty for not completing a Right to Work check extends beyond the direct contractual employer.   

This does not apply if the person purchasing work or services is doing so for their own use (e.g. if a private client hires a scaffolding company to fix their roof).  

If this sounds confusing, don’t worry. Our sister company, TrustID, are experts in Right to Work verification – their blog covers what you need to know in more detail so you can remain confident and compliant. Plus, they’re always happy to answer questions if you have anything you’re concerned about.  

Check out TrustID’s full blog here. 

Next steps

Don’t wait until October – start checking your contracts and worker relationships now to make sure you know and understand your supply chain and contractual arrangements, and how to protect yourself from liability around Right to Work penalties. 

Also make sure that for any digital Right to Work checks you complete, you only use a registered Right to Work Digital Verification Service Provider (RtW DVSP) – or else you could lose your statutory excuse. Also make sure your auditing and filing systems are all up to date. This is because all Right to Work records need to be stored for the duration of a worker’s employment, and for two years afterwards before being destroyed.