The UK Government has announced a consultation on extending right to work checks to workers not engaged in an employer-employee arrangement to avoid illegal working penalties. The Border Security, Asylum and Immigration Bill which will extend right to work checks to organisations hiring gig economy, temporary or zero-hours workers in sectors like construction, food delivery, beauty salons, courier services and warehousing is now at report stage in the House of Lords.
“The consultation seeks views on how the measure will be enforced, shaping the guidance and statutory codes of practice that will be published when the regulatory changes are commenced,” announced Minister of State for Border Security and Asylum, Alex Norris. He said it would be “an opportunity to further develop understanding of the recruitment and employment practices in the labour market.“
The six-week consultation closes at 11:59pm on 10 December 2025. A Government response will finalise guidance for businesses and amend the statutory codes of practice through secondary legislation while these major changes to the scope of right to work checks pass through parliament in the Border Bill.
Illegal Working Figures Reveal More Employers Visited and More Arrests
The Labour Government has made tackling illegal working a major priority, with employer penalties and enforcement soaring. The Home Office released figures today showing a 51% increase in illegal working visits – up to 11,052 as well as 63% increase in illegal working arrests – up to 8,232 from October 2024 to September 2025.
The Home Office figures do reveal that enforcement visits have increased steadily since the start of 2021 when there were 2,761 a year. In the past four quarters recorded there have been 21,858.
What Does the Amendment to the Border Bill Mean for Right to Work Checks?
The Bill currently in the House of Lords extends the scope of who is required to carry out right to work checks to prevent illegal working and the associated hefty sanctions for illegal working. The Government hopes this will provide parity and a level playing field in respect of business’ responsibility to prevent illegal working.
Amendment Gov NC5 to the Border Bill will change the heading ‘Employment’ in the Immigration, Asylum and Nationality Act 2006 to ‘Employment and other working arrangements’. It also outlines these ‘other working arrangements’ which will now involve liability for illegal working.
Currently, right to work checks are advised for employees working under standard employment contracts1 in order to provide a statutory excuse for the employer against costly civil penalties if the worker does not have work authorisation. The legislation in its current form broadens this requirement to include:
- Individuals engaged under contracts for services (as ‘workers’ and not in relation to a profession or business undertaking);
- Individual sub-contractors engaged to provide work or services for a third-party by a person/organisation contracted by the third-party;
- And individuals sourced through online matching platforms/services
In all the above cases, the right to work check would be the responsibility of the person/organisation engaging the individual unless there is an online matching service, in which case it will be responsible, rather than an end user.
The associated civil and criminal sanctions for non-compliance will be made applicable in these circumstances.
What is the Consultation on Extending the Right to Work Scheme About?
The six-week consultation on the above right to work changes will seek views and information on existing recruitment processes, how businesses use different working arrangements themselves and within supply chains.
Responses to the consultation will support the evaluation of the impact of the changes on illegal working and inform the preparation of guidance and the statutory code of practice that supports the scheme, clarifying when these checks need to take place and how to do them.
You can find more details on the consultation here.
Who Can Respond to the Right to Work Consultation and How?
The consultation is for employers across the UK. It lasts six weeks from 29 October 2025 to 11:59 pm on 10 December 2025.
There is an online questionnaire that can be filled in here or downloaded and emailed to: righttorentandrighttowork@homeoffice.gov.uk
Respondents should avoid including personal details which will be removed prior to analysis. Confidentiality can be requested but is not guaranteed. Confidentiality and data protection information provided in response to the consultation, including personal information, may be disclosed in accordance with UK legislation (the Freedom of Information Act 2000, the Data Protection Act 2018 and the Environmental Information Regulations 2004).
What Would Expanding Right to Work Liability Mean for Businesses?
Those who engage people (for the purpose of this explanation ’employers’ for simplicity, even though there may not be an employment relationship) could become liable for an illegal working civil penalty of up to £60,000 per illegal worker along with potential criminal convictions and reputational damage, even where there is no employment relationship between the business and the worker.
A Home Office press release trailing this expansion of right to work duties warned: “where businesses fail to carry out these checks, they will face hefty penalties already in place for those hiring illegal workers in traditional roles, including fines of up to £60,000 per worker, business closures, director disqualifications and potential prison sentences of up to five years.”
Setting up correct right to work practices and maintaining them may be more onerous for smaller companies with high turnover of contractors though the scheme is easy to implement when you know what you are doing. If unsure of your processes, always seek professional advice.
What Should We Do to Prepare for Right to Work Changes and When Will They Happen?
At time of writing, the Bill is currently at second reading in the House of Lords. The Bill can still be amended.
Following this consultation, the new requirements are expected to take effect no later than 2026/27. The Government has already published an impact assessment for the proposed amendment.
‘Employers’ are advised to proactively assess and adjust their current right to work check policies to ensure compliance with the forthcoming regulations.
‘Employers’ may need to:
- Update onboarding procedures: implement standardised right to work checks for all workers / contractors, regardless of contract type to ensure compliance;
- Leverage technology: utilise digital verification tools, such as the Home Office’s online right to work checking service or approved providers of Identity Document Validation Technology (IDVT), to efficiently help facilitate compliance; and
- Train HR personnel: ensure that hiring managers and HR teams are well-versed in the new requirements and procedures
Are Right to Work Checks Compulsory?
Currently, right to work checks are not compulsory, though they will provide you protection in the form of a statutory excuse against hefty civil penalties for non-compliance (up to £60,000 per illegal worker). The new digital ID scheme that has been announced will be at the centre of new provisions, which the Government has said will be mandatory.
What Would a New Digital ID Mean for Right to Work Checks?
The Prime Minister has announced that a new digital ID which will be mandatory for right to work checks by the end of this parliament (no later than January 2030). There are few details at this stage, but the Government says the overhaul is to discourage illegal working and that the new digital ID would be held on people’s phones, with provisions to ensure those who have difficulties accessing such technology are not discriminated against.
There will be no requirement for individuals to carry their ID or be asked to produce it – it would be mandatory as a means of proving your right to work and include people’s name, date of birth, information on nationality or residency status and their photo.
Conducting Right to Work Checks Correctly
Right to work checks involve verifying a worker’s legal eligibility to work in the UK. The process includes reviewing the correct documentation in person and, if need be, using a worker’s digital share code to check on the Home Office online checking service. To protect yourself fully, as well as carrying out checks correctly, you must keep records of relevant documents and carry follow-up checks when someone has a time-limited right to work.
To avoid discrimination issues, you should apply checks consistently across all workers regardless of nationality or ethnicity, adhering to Government codes of practice. Be sure to regularly review Home Office updates to ensure compliance with the constantly evolving rules.
We can advise on all aspects of right to work check rules and how to avoid civil penalties, criminal sanction and related adverse consequences by having fully compliant right to work checks and sponsor compliance.
Footnote
- Please note that sponsor licence holders that are sponsoring self-employed workers are required to carry out right to work checks on these workers (and retain evidence that they have done so) as part of their sponsor duties. ↩︎
