As published in The HR Director magazine – Government confirms expansion of right to work checks from October 2026
The Home Office has confirmed plans to significantly broaden the scope of the Right to Work Scheme, with full implementation scheduled for 1 October 2026. The changes will require employers to conduct legally mandated checks on a much wider range of workers, not just traditional employees.
Under the expanded scheme, right to work checks will apply to self-employed contractors, non-employee zero-hours workers, partners in limited liability partnerships, and individuals engaged through online matching platforms or subcontracting arrangements. Previously, these groups fell outside the standard checking regime.
While the enabling legislation is not yet in force, the Home Office has already updated its sponsor guidance to impose stricter obligations on licence holders. Sponsors must now verify that any worker they wish to sponsor, employ, or directly engage—including those who are not direct employees—has permission to work in the UK before any work begins.
Although the term “directly engage” is not explicitly defined, the guidance makes clear it extends beyond traditional employment to cover self-employed contractors and non-sponsored workers. Sponsor licence holders are advised to align their checking practices with the current Employer’s Guide to Right to Work Checks for all relevant groups.
A parallel consultation on a draft code of practice to help employers avoid unlawful discrimination while preventing illegal working is open until 29 April 2026. The draft confirms it will apply to all employment commencing on or after 1 October 2026, strongly indicating this as the go-live date for the full expansion.
All employers—not just sponsor licence holders—should begin preparatory work now. Recommended actions include identifying all categories of individuals providing services to the business, reviewing existing checking processes, assessing contractual arrangements with agencies, strengthening record-keeping, and training HR teams on consistent, non-discriminatory practices.
The expansion marks a fundamental shift in UK workforce compliance, particularly for organisations using indirect or flexible labour arrangements. Early preparation is essential.
