Employment Law Update: Right To Work Changes Oct 2026

Did you know? Right to Work rules are changing from 1 October 2026.

From 1 October 2026, the UK’s Right to Work Scheme is being extended to cover additional working arrangements, including individual subcontractors and people engaged under a worker’s contract. 

This is an important change for businesses that use subcontractors, contractors or other flexible working arrangements. 

The new rules mean that, in relevant circumstances, businesses will need to carry out the prescribed Right to Work checks and retain the appropriate evidence. The rules can also create extended liability further along certain contractual and subcontracting arrangements. 

What should your business do? 

By 1 October, review your current arrangements and consider: 

• Which subcontractors and contractors you currently engage. 
• Whether those individuals fall within the new Right to Work requirements. 
• Your contracts and subcontracting arrangements. 
• Whether your contracts contain appropriate Right to Work obligations and controls. 
• How you will monitor compliance where work is subcontracted.
• Who within your organisation is responsible for completing and retaining Right to Work checks. 

The new rules do not mean that every business-to-business subcontracting arrangement is automatically in scope. The Home Office guidance provides specific examples of arrangements that are and are not covered, so it is important to assess your individual circumstances. 

Don’t get caught out 

• With the changes taking effect from 1 October 2026, now is the time to review your processes and contracts. 

• Taking action before the new rules come into force can help reduce the risk of non-compliance and potential civil penalties. 

Check out the latest guidance dated 11th September 2026: Draft employer’s guide to right to work checks: 11 September 2026 (accessible) – GOV.UK