Not Just for Full-Timers: How the Border Security Act Rewrites Your Screening Strategy.
1st October 2026 saw one of the changes in the UK’s Right to Work (RTW) regime for over a decade, with the extension of liability far beyond traditional employer–employee relationships and introducing tougher penalties, stricter verification requirements, and new categories of workers who must now be checked.
The Big Shift: Right to Work Checks Now Go Beyond Direct Employees
The UK government has expanded RTW obligations so that liability now travels up the labour supply chain, affecting:
Agency workers
Individual subcontractors
Zero‑hours and casual workers
Gig economy workers
Workers engaged through online matching platforms (e.g., delivery apps, tutoring platforms, tradesperson marketplaces)
This change stems from Section 48 of the Border Security, Asylum and Immigration Act 2025, which came into force on 1 October 2026.
Under the new rules, businesses may be held responsible for illegal working even when they are not the direct employer. End‑hirers, main contractors, labour providers, and digital platforms must now implement RTW controls across their supply chains.
Tougher Penalties: Fines Up to £60,000 Per Illegal Worker
The civil penalty regime has been significantly strengthened:
£45,000 per illegal worker for a first breach
£60,000 for repeat breaches within three years
These penalties apply across extended supply chains, not just to direct employers.
Criminal sanctions remain possible where a business knew or had reasonable cause to believe illegal working was taking place.
New Categories of Workers Now Within Scope
The Home Office has broadened the definition of “employer” for RTW purposes. Businesses must now check RTW for individuals engaged under:
Worker’s contracts (contract for services)
Individual subcontractor arrangements
Online matching services connecting workers with clients
This captures many arrangements previously considered outside RTW obligations.
Extended Liability: Compliance Must Flow Through the Entire Chain
A business further up the chain can be liable if:
A subcontractor fails to conduct proper RTW checks
An online platform introduces a worker without verifying identity
A worker substitutes another individual without proper controls
To avoid liability, businesses must have prescribed safeguards in place before work begins, including:
Written contractual terms mandating RTW checks
Substitution controls
Identity verification requirements
Audit rights across the chain
Failing even one requirement may remove the statutory excuse.
Digital Verification Requirements
Digital identity verification is becoming central to RTW compliance.
Key updates include:
Only Right to Work Digital Verification Service Providers (RtW DVSPs) registered with the Office for Digital Identities and Attributes can conduct digital RTW checks.
Platforms must conduct ongoing identity checks, including digital re‑verification, to prevent account sharing or worker substitution.
This is particularly impactful for gig‑economy platforms and delivery services.
Sectors Most Affected
The changes disproportionately impact industries with complex labour supply chains, including:
Construction
Property management
Social care
Retail
Health
Logistics
These sectors often rely on subcontractors, agency workers, or platform‑based labour.
What Employers Must Do Now
With the new regime in force, businesses should:
1. Audit their labour supply chain
Identify all workers—direct or indirect—who may fall within the expanded RTW scope.
2. Update contracts
Ensure contracts include:
Mandatory RTW checks
No subcontracting without permission
Audit rights
Cooperation clauses for Home Office investigations
3. Implement identity verification systems
Particularly important for platforms and businesses using gig workers.
4. Train HR, procurement, and operations teams
RTW compliance is no longer just an HR issue—procurement and supply chain teams now carry direct liability.
5. Prepare for increased administrative burden
Industry bodies warn that the expanded rules may slow recruitment and increase red tape.
Why These Changes Were Introduced
The Home Office argues that illegal working:
Undermines the immigration system
Exposes vulnerable workers to exploitation
Enables abuse within gig‑economy and subcontracting models
The reforms aim to close loopholes and ensure all labour models are regulated consistently.
Final Thoughts
The October 2026 reforms mark a fundamental shift in how UK employers must approach Right to Work compliance. The expansion of liability beyond direct employment relationships means businesses must rethink their entire labour engagement model—from onboarding and contracting to supply chain oversight and digital verification.
For organisations using contractors, gig workers, or platform‑based labour, these changes are not optional—they are a board‑level compliance priority.
