The Border, Security, Asylum and Immigration Act 2025 will introduce major changes on right to work checks from 1 October 2026.
Employers should already have procedures in place for checking whether employees and workers that work for them have the legal right to work in the UK. The legislation will extend these checks to other individuals who work in other types of working relationships such as:
agency workers
self-employed contractors
those who work in the gig economy
those individuals who find work though online platforms such as an app or website.
In simple terms, if an individual is carrying out work for your business and you are engaging them to perform that work, you will need to consider whether a right to work check is required to be undertaken.
Action points
Review and update recruitment right to work checks and procedures
Identify those individuals who are engaged within the business
Audit current right to work checks
Review contracts with employment agencies and the self-employed
Ensure those involved in the recruitment of staff are trained to ensure they understand the need to undertake right to work checks
Acting now will ensure you are complying with the law to and to reduce the risk of civil penalties.
How we can help
Our team of friendly and experienced Employment Advisers are only a phone call away to answer your questions on right to work checks and recruitment generally. Please call us on the Helpline 0370 840 0234
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For more information, call us on 0370 840 0234 or email us at [email protected]