Right-to-Work Checks Have Expanded: Does Your Process Cover Everyone It Should?
If your organisation carries out right-to-work checks only for employees on its payroll, the changes introduced on 1 October 2026 make this a timely moment to review your arrangements.
Home Office guidance confirms that the UK Right to Work Scheme now extends to organisations engaging individuals under worker contracts, individual subcontractors and certain online matching services connecting individual service providers with potential clients or customers.
The practical question is whether your checking process reflects how your organisation actually engages people.
Look beyond the payroll
Businesses may use several working arrangements at once: employees, casual workers, subcontractors and people engaged through intermediaries or platforms.
Calling someone “self-employed” does not, by itself, answer whether their arrangement falls within the expanded scheme.
Start by mapping who carries out work, how they are engaged and which organisation holds responsibility for the relevant checks. Where several businesses are involved, review the arrangement against current Home Office guidance rather than assuming another party has dealt with it.
Review the process and the evidence
An HR review should examine:
Which working arrangements are covered.
Who completes and reviews the checks.
Whether the prescribed checking method is used.
How evidence and check dates are recorded.
How necessary follow-up checks are tracked.
Whether managers understand when to seek further advice.
The Home Office explains that completing a check in the prescribed manner can establish a statutory excuse against civil penalty liability if an individual is subsequently found to be working illegally.
A process needs both appropriate checks and evidence showing what was done.
Understand the penalty headline
Civil penalties can reach £60,000 per illegal worker. This maximum was already established before the October expansion.
It should not be presented as a new fine automatically imposed for every administrative mistake. Liability depends on the circumstances, including illegal working and whether an appropriate statutory excuse has been established.
Put responsibility into everyday practice
A written policy is a starting point. The people recruiting, engaging contractors and maintaining records also need to understand their responsibilities.
Our team at The HFactor can help you review onboarding procedures, organise HR records, identify process gaps and train managers. Where an individual case requires specialist immigration advice, an appropriately authorised adviser should be involved.
Does your right-to-work process cover the people your organisation actually engages?
Tell us about your arrangements through our website enquiry form. Your first consultation is free.
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