The Home Office has published a new draft of the Employer's guide to Right to Work checks. It expands who must complete Right to Work checks and introduces "extended liability" for civil penalties.
You can expect these changes to take effect on 1 October 2026. This is still a draft, so some details may change before then.
Key takeaways
Expect the changes to take effect on 1 October 2026.
You now need Right to Work checks for workers, individual subcontractors, and online matching services, not just employees.
Under extended liability, you may be held civilly liable for a missing Right to Work check even if you aren't the direct employer.
If you complete Right to Work checks digitally from October 2026, you must use a registered Digital Verification Service Provider (DVSP).
Annexes C and D have been removed from the guide. You must now carry out the same Right to Work checks for Ukrainian nationals as you do for every other nationality.
Who do you need to check now?
Previously, you only needed a Right to Work check for employees. Under the new rules, you also need one for:
Workers
Individual subcontractors
Online matching services
Worker platforms
Some contractual supply chains
This means you're now in scope if you run or use gig-economy arrangements, such as delivery platforms or online marketplaces.
Who is responsible for the check in different working arrangements?
Use this table to identify who is responsible for the Right to Work check in your situation.
Working arrangement | Example | Who completes the check |
Contract of employment | You employ a receptionist permanently at your hotel | You, as the direct employer |
Worker's contract | You supply a bar or restaurant worker through your recruitment agency | You, as the recruitment agency |
Individual subcontractor | A courier logs into your delivery app to accept jobs | You, as the delivery platform |
Online matching service | You match a cleaner with a homeowner through your app | You, as the operator of the matching service |
What is "extended liability" and does it apply to you?
Under extended liability, you can be held civilly liable for a missing Right to Work check even if you don't have a direct contractual relationship with the worker. This can apply to you as a third-party employer, an online matching service, or a business where work can be substituted between individuals.
Keep these points in mind:
Extended liability does not automatically pass the responsibility for the check down the contractual chain to you.
You are not liable for another employer's failure to carry out a check, simply because you're the contractual employer higher up the chain.
If the direct employer can't be identified — for example, records aren't available or the worker doesn't know who employs them — liability may fall to you as the contractual employer instead.
For full worked examples, see pages 43–44 of the Employer's guide to Right to Work checks draft.
Are you exempt from extended liability?
You're generally exempt from extended liability if you're buying services or labour for your own personal use. This typically includes you if you are:
A self-employed tradesperson, such as a plumber or electrician
An independent accountant
A freelancer, such as a graphic designer trading through your own limited company
A business buying services for your own operations
How do you protect your business against extended liability?
Follow these three steps before work begins to establish a statutory excuse:
Create a written statement. Set out who is responsible for Right to Work checks in your business and how you control further subcontracting.
Set up substitution controls. Make sure you complete a Right to Work check on any substitute worker, not just the original one.
Put identity verification in place. Confirm that the person doing the work is the same person you carried out the check on. You can do this with workplace ID cards, periodic face-matching checks, or attendance management systems.
What changes for digital Right to Work checks?
If you choose to complete a Right to Work check digitally from 1 October 2026, you must use a Digital Verification Service Provider (DVSP). Make sure your DVSP is registered under the digital identity and attribute services framework.
Where can you find more detail?
This article summarises the draft Employer's guide to Right to Work checks. If you'd rather speak with a person about how this applies to your business, just ask.