October 2026 is anticipated to bring about significant changes to the UK’s right to work legislation under the Border Security, Asylum and Immigration Act 2025. Organisations will need to prepare to adapt their processes to the new legal framework to safeguard against potential penalties.
What is changing?
The Border Security, Asylum and Immigration Act 2025, which will introduce reforms to extend right to work checks to the “gig economy”, became law after receiving Royal Assent on 2 December 2025.
Under the Act, the requirement to carry out right to work checks will be extended to cover:
those who engage casual or temporary workers under a worker’s contract
individual sub-contractors and online matching services (that provide details of service providers to potential clients or customers for remuneration) in sectors like construction, food delivery, beauty salons, courier services and warehousing.
The sanctions for non-compliance, which includes fines and imprisonment, will also be extended. Regulations to bring these provisions into effect have not yet been passed.
Government consultation
At the end of 2025, a government consultation was held seeking views on the details of the measures, including:
how this change should be operated and enforced
how processes can be simplified to make it easier for employers to fulfil their responsibilities.
Once the outcome of the consultation process is known, a revised statutory Code of Practice and government guidance will be published.
Code of Practice on Avoiding Unlawful Discrimination
A draft of the Code of Practice for Employers: Avoiding Unlawful Discrimination While Preventing Illegal Working has already been released, which, if accepted, will apply to all new employment starting on or after 1 October 2026 and repeat checks carried out on or after that date. This indicates that the right to work changes will come into force on that date also, but this won’t be confirmed until relevant regulations have been put before Parliament.
Impact on employers
When these changes come into force, anyone working in the name of the business, even without a direct contractual relationship, will need to undergo right to work checks. For example, if work is delegated to a subcontractor or an individual is substituted to perform services, the business will be held liable if that person does not have the legal right to work in the UK.
This extension of liability is particularly significant for industries that rely heavily on casual or gig economy workers, such as hospitality, construction and logistics.
Stronger penalties for non-compliance
The updated legislation underscores the importance of compliance by introducing stricter penalties for employers who fail to meet their obligations. Organisations that are found to be employing individuals without the right to work could face significant civil penalties, even in cases where the individual’s work has been subcontracted or delegated.
To mitigate risks, employers are encouraged to:
review and update their right to work policies and procedures
conduct regular audits of their workforce and supply chain to identify any gaps in compliance
provide training to managers and HR personnel on the new requirements.
With just a few months left until the changes are expected to come into force in October 2026, now is the time to act and ensure your business is ready for the new era of right to work compliance.
