Right-to-work changes from October 2026: What employers need to know

If your business engages workers in the UK, whether directly employed, agency-supplied, subcontracted, or hired through a platform, a major change to right-to-work compliance is coming on 1 October 2026. This is one of the most significant shifts in this area of immigration law in recent years, and its reach extends far beyond the traditional employment relationship.

Compliance is no longer just about “employees”

At present, UK employers must carry out right-to-work checks on the people they directly employ. From October, that obligation broadens considerably.

On 24 June 2026, the Government confirmed through commencement regulations that Section 48 of the Border Security, Asylum and Immigration Act 2025 will take effect on 1 October 2026. This provision extends the illegal working framework under the Immigration, Asylum and Nationality Act 2006 to cover a much wider range of working arrangements, and not just standard contracts of employment.

In practice, the checking obligation could now extend to:

• Agency workers;
• Individual subcontractors;
• Casual and zero-hours workers;
• Gig economy and platform-based workers; and
• Outsourced labour more generally.

Businesses relying on non-employee labour particularly in logistics, delivery, warehousing, hospitality, construction, cleaning, security, facilities management and production should begin reviewing their processes now, rather than waiting for enforcement to begin. Importantly, this change is not limited to organisations holding a sponsor licence – it applies to any business engaging labour in the UK.

Why is this changing?

The Government’s objective is to close gaps in the current right-to-work framework that have allowed non-traditional working arrangements to fall outside its scope. As businesses have increasingly turned to flexible labour models, subcontracted teams, gig platforms, and agency staff,  the existing rules, built around a narrower concept of “employee,” have struggled to keep pace. Section 48 is intended to bring the legal framework in line with how work is actually structured today.

The new Code of Practice on discrimination

Alongside this expansion in scope, the Home Office has been consulting on a draft Code of Practice addressing a different but related risk: employers overcorrecting and inadvertently discriminating against workers based on their immigration status or the type of document they hold.

The draft code, published in April 2026, is intended to apply to employment beginning on or after 1 October 2026, as well as to repeat checks carried out on existing workers from that date. Its core principle is consistency – employers cannot run a streamlined process for passport holders while allowing checks on eVisa holders or those verified through the Employer Checking Service to become inconsistent or less rigorous.

The draft guidance flags several specific expectations:

• Workers must not be treated less favourably simply because their permission to work is time-limited;
• eVisa holders must not be treated differently because of how their status is verified; and
• Digital or online checks cannot be mandated unless a worker has actually been issued an eVisa.

Employment lawyers have been clear about what’s at stake: inconsistent checking practices, assumptions based on nationality or immigration status, and over-reliance on standardised checks without proper scrutiny could expose employers to discrimination claims in the Employment Tribunal – claims that consistently applied policies could largely help prevent.

What employers should be doing now

Employers tracking this change should generally treat the coming months as a preparation window, not a waiting period. Recommended steps include:

1. Mapping all non-employee labour arrangements across the business;
2. Identifying which functions engage workers outside standard employment contracts; and
3. Reviewing agency, subcontractor and platform agreements to ensure they include clear compliance obligations, audit rights, evidence-sharing duties, and appropriate indemnities.

Beyond the paperwork, businesses will also need to decide how these wider checks will be managed centrally through internal HR and compliance teams, delegated to suppliers and agencies, or run as a hybrid of both. Whichever model is chosen, it needs to be properly documented and applied consistently, regardless of whether a worker’s status is confirmed through a manual document check, an online Home Office check, or digital identity verification.

The bottom line

From 1 October 2026, right-to-work compliance can no longer be treated as a single check carried out when someone joins the payroll. It becomes an obligation that runs across your entire labour supply chain, including contractors, agency staff, and platform workers you may never have formally checked before.

Get the process right and keep it consistent, and your business will be in a strong position. Get it wrong – and you risk exposure on two fronts simultaneously: illegal working penalties on one side, and discrimination claims on the other.

With final regulations and guidance still to be published, the sensible approach for most businesses is to start preparing now, rather than waiting for the last details to be confirmed

How Gherson can assist

Gherson’s Immigration Team are highly experienced in advising on UK visa matters. If you have any questions arising from this blog, please do not hesitate to contact us for advice, send us an e-mail, or, alternatively, follow us on X, Facebook, Instagram, or LinkedIn to stay-up-to-date.

The information in this blog is for general information purposes only and does not purport to be comprehensive or to provide legal advice. Whilst every effort is made to ensure the information and law is current as of the date of publication it should be stressed that, due to the passage of time, this does not necessarily reflect the present legal position. Gherson accepts no responsibility for loss which may arise from accessing or reliance on information contained in this blog. For formal advice on the current law please do not hesitate to contact Gherson. Legal advice is only provided pursuant to a written agreement, identified as such, and signed by the client and by or on behalf of Gherson.

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