IMPORTANT CHANGES TO RIGHT TO WORK CHECKS AS OF 1ST OCTOBER 2026
Significant changes as of 1st October 2026 mean that a wider range of individuals must be checked to establish their right to work. Whereas previously the need arose only where there was a direct employer to employee relationship, the definition of “ employer” has been expanded and checks must now be made in the context of an expanded range of working arrangements including those working under workers’ contracts, subcontractors and those engaged through on-line matching services.
Right to work checks should be made in the prescribed way in these expanded situations in order to establish a statutory excuse against a civil penalty and detailed new guidance explains how to carry out such checks.
Employer’s guide to RTW checks
The liability for preventing illegal working has also been expanded to include those engaging with workers or contractors being provided by another company and individuals substituted by another worker. Liability for a civil penalty may therefore extend beyond the employer who holds the direct contractual relationship.
A statutory excuse can be established by complying with prescribed requirements relating to contractual arrangements before the work commences. The guidance gives examples of situations where extended liability will arise and sets out the ways in which to establish an excuse, through contractual arrangements, substitution controls and identity verification.
With civil penalties being as much as £60,000 per illegal worker it is vital that employers familiarise themselves with the changes and ensure that measures are taken to ensure that they have established an excuse against such a penalty.
