Right to Work checks are about to change in a way that affects far more than traditional employees. From 1 October, businesses of all sizes — whether they rely on agency staff, subcontractors, gig‑economy workers or online matching platforms — will need to understand a new, wider set of responsibilities. These updates are designed to tighten compliance and make sure every individual carrying out work has the legal right to do so, but they also introduce new risks for organisations that aren’t prepared.

If your business uses flexible workers, outsources tasks, or operates a platform that connects people with customers, these changes matter. They affect how you onboard people, how you manage contracts, and how you protect your organisation from significant penalties.

Below, we break down what’s changing, what “extended liability” really means, and the practical steps businesses should take now to stay compliant and confident.

What is changing?

From 1 October, Right to Work checks will apply more widely. They will no longer be limited to employees and will also need to be carried out for anyone engaged in the following ways:

• Workers — including people working through an agency and supplied under contract to another business.
• Subcontractors — for example, delivery drivers who use a platform to accept tasks and may be paid per task.
• Online matching services — including roles such as tutors, cleaners, or carers.

Extended liability

The changes also introduce the concept of “extended liability”. This means a business may be responsible for completing Right to Work checks even where the individual does not work directly for that business. This could arise in the following situations:

• The platform or service provider may be liable for providing the online matching service.
• Where work is subcontracted to another business, both organisations may be liable if the workers do not have the right to work.
• Where substitution is allowed, usually under self-employed contracts, an organisation may be liable if the substitute does not have the right to work.

Penalties and statutory defences

The penalty for breaching Right to Work check requirements can be up to £60,000 for each unverified worker. The changes allow for statutory excuses or defences, but organisations will need to show that they have taken appropriate steps, including:

• Putting clear written terms of engagement in place, setting out which organisation is responsible for carrying out the checks.
• Ensuring there are adequate controls around substitution and not allowing the party arranging the substitution to carry out the checks.
• Confirming that the person doing the work is the same person who provided the identity evidence.

Overall

These are significant changes on staff hiring and need to be understood by anyone running a business, small or large.  For further advice call us – a real person will answer, and we will be here to help.

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