From 1st October 2026, changes to the Right to Work scheme will come into place. The changes introduce new responsibilities for organisations employing workers and strengthening the requirements around Right to Work checks.
The changes are particularly relevant for businesses that hire employees, contractors, subcontractors or those with flexible working arrangements.
If not done so already, organisations should review their current Right to Work processes ahead of October to ensure that they remain compliant.
Right to Work checks: What do they involve?
A Right to Work check confirms that an individual is legally permitted to work in the UK & identifying any restrictions. The check must be completed before work begins, using the appropriate route. This could include a manual document check, Home Office online check or registered digital verification service.
Checks apply to employees, contractors and certain subcontractors or individuals engaged through online matching services, depending on the working arrangement. Employers must retain the required evidence to establish a statutory excuse against liability for a civil penalty.
As well as the changes outlined below, the updated guidance clearly sets out the actions employers need to take.
What is changing from 1st October 2026?
- More working arrangements will come into scope
The updated Right to Work scheme covers additional working arrangements and expands the definition of an “employer”.
This can include certain workers engaged under a contract, individual subcontractors, freelance workers and individuals engaged through online matching services.
Organisations should now consider whether their current processes cover everyone who may be carrying out work or providing services on their behalf, not just traditional employees.
- Extended liability across contractual chains
From 1 October, new “extended liability” provisions will mean that in certain circumstances, civil penalty liability can extend beyond the organisation directly employing or engaging a worker.
This can apply where work or services are delivered through a contractual chain, including arrangements involving labour suppliers, subcontractors, online matching services or certain substitution arrangements. A business further up the chain may therefore face liability even where it does not have a direct contract with the individual carrying out the work.
For example, an individual subcontractor may sign up to an online delivery platform, where they record their working hours, accept delivery requests and receive payment for each delivery. In this scenario, the delivery platform is responsible for carrying out the appropriate Right to Work checks.
Similarly, an individual may use an online matching service to find a builder. The platform matches the individual with a suitable builder, who then carries out the work. In this situation, the online matching service is responsible for ensuring that the appropriate checks have been completed.
The direct employer or engager remains responsible for completing the Right to Work check. Organisations further up the chain should review their contractual and compliance arrangements. As it is important to understand where the new extended liability provisions may apply. Contracts may need updating to confirm who has carried out the check, and where the liability applies.
- Greater focus on identity verification
The updated guidance emphasises that the person completing the check should be the same person carrying out the work.
This is particularly relevant where organisations use remote recruitment, contractors, flexible working arrangements or substitution clauses.
Digital identity verification can provide an additional layer of assurance. By helping organisations verify an individual’s identity as part of the Right to Work process. If employers choose to conduct checks digitally, they must use a registered DVSP/IDSP.
Explore DDC’s Digital identity process.
Is your Right to Work process ready for October?
With the changes coming into effect on 1st October 2026, it is important to review your recruitment and on-boarding processes.
DDC can support organisations with compliant Right to Work checking services and digital identity verification. Our full service solution helps you verify candidates efficiently while maintaining the required evidence and processes, and provides you with an instant statutory excuse
For further guidance on the upcoming changes or support with your Right to Work checks, speak with our experts. You can also find out more in the Government guidance.
