Right to Work Rules Have Changed

Right to Work Changes October 2026: What Employers Need to Know

New Right to Work rules came into effect on 1 October 2026, expanding checking responsibilities to certain contractors and other working arrangements, alongside changes to digital identity verification.

For employers, recruitment agencies and businesses that rely on subcontracted or flexible workforces, the changes may affect how Right to Work checks are managed.

Here’s what has changed and what your organisation needs to consider.

1. Right to Work responsibilities now extend beyond traditional employment

Previously, the Right to Work Scheme primarily focused on conventional employment relationships.

From 1 October 2026, the rules also cover certain other working arrangements, including:

• Individuals engaged under worker contracts.
• Individual subcontractors covered by the expanded scheme.
• Individuals providing services through certain online matching platforms.

Under the Border Security, Asylum and Immigration Act 2025, organisations engaging individuals under these arrangements may now have a duty to carry out prescribed Right to Work checks.

However, not every self-employed contractor or business-to-business arrangement is covered. Genuine independent businesses providing services directly to customers may fall outside the expanded requirements.

The nature of the arrangement determines whether a check is required, not simply whether someone is described as employed, freelance or self-employed.

What employers should consider: Review how individuals are engaged across your organisation, particularly where contractors, temporary workers or intermediaries are involved.

2. Responsibility may extend further through the supply chain

The new rules also introduce extended liability in certain contractual arrangements.

For example, where a business contracts to provide services to a customer and engages another organisation to supply workers to fulfil that contract, additional responsibilities may arise.

The rules also address certain online matching services and arrangements that allow workers to send substitutes.

This does not mean every business using an agency or subcontractor must independently repeat Right to Work checks.

In a standard agency arrangement, the employment business directly engaging the worker generally remains responsible for the prescribed check.

However, where extended liability applies, other organisations in the contractual chain may need to meet specific requirements relating to contractual safeguards, identity verification and evidence.

An important qualification: The expanded measures are not generally retrospective. The new rules for worker engagements apply to arrangements commencing on or after 1 October 2026, while the extended-liability provisions apply to relevant contractual arrangements entered into from that date.

Existing contracts are not automatically brought within scope simply because work continues, although renewals or changes may need to be assessed.

What employers should consider: Review new contractual arrangements and establish whether your organisation has any additional responsibilities. Where relevant, ensure contractual safeguards and verification processes meet the prescribed requirements.

3. Digital Right to Work providers must meet registration requirements

Employers can continue using digital identity verification for eligible Right to Work checks, but the provider requirements have changed.

Where an employer chooses the prescribed digital verification route, the provider must be appropriately certified and registered with the Office for Digital Identities and Attributes (OfDIA) for the relevant Right to Work service.

This includes meeting the applicable digital verification trust framework and Right to Work supplementary code requirements.

If digital verification is arranged through a screening or onboarding company, the registered provider carrying out the check must be identified.

What employers should consider: Confirm that your digital verification provider is registered for Right to Work services, and that the checks and evidence supplied meet Home Office requirements.

Using a third-party provider does not transfer the employer’s responsibility for ensuring the prescribed checking process has been followed.

4. More documents can now be verified digitally

The October changes also expand the evidence that registered digital verification providers can use.

A notable change is that eligible British and Irish passports, including Irish passport cards, expired by up to six months can now be accepted through the prescribed digital verification process.

This requires the provider to verify the document electronically, including reading its chip. Not all providers will necessarily offer this service.

It’s worth distinguishing this from manual Right to Work checks, where eligible expired British and Irish passports were already acceptable under existing rules.

Secure Screening Services can support digital verification of eligible passports expired by up to six months through Mitek, subject to the relevant document verification requirements.

The updated digital framework also supports verification of certain additional documents where suitable digital evidence is available.

What employers should consider: Confirm which documents your provider can accept, and ensure recruitment teams understand the differences between digital, manual and Home Office online checks.

5. Employers still need to follow the correct checking process

Digital verification can make checks easier to manage, but employers still need to ensure the correct procedure has been followed.

The three prescribed checking routes remain:

• Manual document checks: Using acceptable original documents.
• Home Office online checks: Using the official service, generally with a share code where required.
• Digital verification: Using an appropriately registered Right to Work digital verification service provider for eligible checks.

Employers must also retain the required evidence, including a record of when the check was carried out. Right to Work evidence must generally be kept securely for the duration of employment and for two years afterwards.

Where workers have time-limited permission to work, appropriate follow-up checks remain necessary.

Employers must also avoid discrimination and give individuals a reasonable opportunity to demonstrate their Right to Work through a checking method available to them.

What employers should consider: Make sure your process covers the correct checking route, identity verification, evidence retention and any required follow-up checks.

What should employers do now?

The October changes make it important to review existing screening and onboarding procedures, particularly where workers are engaged through multiple organisations.

Five practical steps are:

1. Review workforce arrangements. Identify which workers, contractors and service providers fall within the expanded rules.
2. Check new contracts and supply chains. Establish whether extended-liability requirements apply and whether additional safeguards are needed.
3. Confirm digital provider registration. Verify that your provider is appropriately registered for the relevant Right to Work services.
4. Update checking procedures. Ensure recruitment and HR teams understand the acceptable methods, documentation and evidence requirements.
5. Review record-keeping and follow-up checks. Confirm that evidence is securely retained and time-limited permissions are monitored.

These considerations are particularly relevant to organisations operating in sectors such as defence, security, engineering and facilities management, where subcontracted and site-based workforces are common.

Getting Right to Work checks right

The October changes reinforce the importance of having a reliable checking process, particularly where different types of workers and contractual arrangements are involved.

Employers need confidence that the appropriate checks have been completed, the correct evidence has been retained and responsibilities are clearly understood.

At Secure Screening Services, we help organisations manage Right to Work verification and wider employment screening through a straightforward process supported by our UK-based team.

Reviewing your Right to Work procedures?

Our team can explain how our screening services can support your onboarding process and help you manage checks consistently.

Speak to our team

Official guidance

• Home Office: Right to Work checks – an employer’s guide (1 October 2026)
• Home Office: Employers’ Right to Work checklist
• Home Office: Avoiding discrimination when carrying out Right to Work checks

Martin Price, Chief Operating Officer, Secure Screening Services

About the author

Martin is Chief Operating Officer at Secure Screening Services, with responsibility for the operational delivery of employment screening services and the technology, processes and governance that support them.

This article provides general information, not legal advice. Whether specific arrangements fall within the expanded rules depends on their individual circumstances. Employers should consult current Home Office guidance and seek appropriate legal advice where necessary.