New extended right to work checks – what employers need to know

Businesses will from 1 October 2026 face a new extended right to work check regime.

Where previously employers were only responsible for direct employees, the new regime will mean they are now responsible for ensuring agency staff, contractors, sub-contractors, gig economy platforms and service providers introduced through fee-charging online matching services have a legal right to work in the UK. 

The new regime will be felt particularly hard by businesses on the property and construction, retail, social care, agriculture and manufacturing sectors that often rely on flexible, seasonal, contractors and gig economy labour.

Businesses that fail to complete right to work checks face stiff penalties of £45,000 per employee, rising to £60,000 for repeat offences. Serious cases can lead to criminal prosecution, with up to five years’ imprisonment and an unlimited fine.

Whilst businesses will know their directly employed workforce, it will be now more important than ever for businesses to understand who performs work or services, the contractual basis on which they do so and how they entered the workforce. Simply stating that another party is responsible for checks will not be enough. 

Checks must be completed using an approved method, including manual, Home Office online or certified digital verification routes where appropriate. 

Kreston Reeves and AAB can now offer businesses the full support of a dedicated HR Services team that can advise employers on managing their people effectively in an increasingly complex and regulated environment.  Our support can be in the form of day-to-day advice, outsourced administration or strategic planning. 

If you are interested in learning more about what we can help with, please speak with Jack Dale and Lucy Pritchett.