The Right to Work changes introduced on 1 October 2026 have expanded the responsibilities of UK businesses that engage workers and subcontractors. Employers now need to consider a wider range of working arrangements when assessing their immigration compliance obligations.
One month on, businesses that have not yet reviewed their arrangements still have an opportunity to identify gaps and strengthen their ongoing compliance.
For businesses that rely on contractors, temporary workers, or complex supply chains, this review is particularly important. Assessing existing processes and agreements can help employers understand their responsibilities under the expanded rules, strengthen their procedures, and reduce the risk of future illegal working penalties.
Previously, the employer's Right to Work checking obligations focused primarily on individuals employed under contracts of employment. Since 1 October 2026, the expanded rules have brought certain additional working arrangements within the scope of the illegal working regime.
These changes in right to work checks mean businesses should review how they engage workers and subcontractors, particularly if they have not assessed their arrangements since the new rules took effect. HR and compliance teams should assess their existing procedures to identify where additional checks or safeguards may be required.
The expanded rules apply to certain working arrangements beyond traditional employment contracts.
The types of working arrangements employers may need to assess include:
However, not every contractor or self-employed individual automatically falls within the expanded requirements. Businesses should assess the nature of each working relationship and determine which checking obligations apply.
For HR and procurement teams, this means reviewing how workers are engaged and ensuring the appropriate Right to Work procedures are followed where required.
One of the most significant aspects of the October 2026 changes is the extension of accountability beyond an organisation's immediate workforce. Large enterprises often rely heavily on complex vendor networks and multi-tiered supply chains to deliver projects.
Under the expanded rules, businesses may face liability for illegal working in certain subcontracting arrangements, including situations where they have not engaged the individual directly.
However, liability is not automatic for every worker employed by a supplier. Even where existing supplier arrangements have not yet been reviewed, businesses can still assess their contractual relationships, identify where responsibility may extend through the supply chain, and introduce appropriate safeguards to reduce future compliance risks.
Businesses that rely on suppliers or subcontractors should review their existing agreements to establish whether additional Right to Work protections are needed, regardless of whether these have been updated since October 2026.
Depending on the arrangement, relevant contractual provisions may address responsibility for checks, further subcontracting, audit rights, and cooperation with the Home Office.
However, contractual protections do not replace prescribed Right to Work checks where a business has a direct checking obligation.
Where extended liability applies, businesses should also review the specific contractual and operational requirements for establishing a statutory excuse, rather than assuming that a standard supplier compliance clause provides sufficient protection.
Updating supplier agreements is an important step, but businesses should also consider how compliance is monitored in practice.
Keeping up with the latest changes in right to work checks can help employers identify where existing verification procedures need updating, particularly when managing contractors and supplier relationships.
Depending on the working arrangements, this may involve reviewing Right to Work records, checking that suppliers are meeting their contractual responsibilities, and carrying out proportionate audits.
These activities can help identify potential gaps and demonstrate that compliance responsibilities are being monitored consistently across relevant supplier relationships.
Right to Work compliance should not sit solely with HR or global mobility teams. Procurement, legal, and operational departments may also be involved in engaging workers, managing suppliers, and overseeing subcontracting arrangements.
With the right to work changes 2026 now in force, clear communication between HR, procurement, and legal teams is particularly important where responsibility for engaging workers is shared.
Businesses should establish clear responsibilities for identifying relevant working arrangements, carrying out required checks, and retaining appropriate records. Training hiring managers and procurement teams can also help ensure that new engagements are assessed correctly before work begins.
Although the October 2026 Right to Work changes are already in force, employers can still take steps to strengthen their compliance processes. Businesses that have not yet reviewed their working arrangements and supplier agreements should prioritise doing so now to identify any gaps and address potential risks.
There is no transitional grace period for relevant engagements beginning on or after 1 October 2026. But proactively showing that you are putting processes in place to adhere can help make a case to the Home Office if a breach transpires in the future. This means businesses may need to update existing supplier and subcontractor agreements as well as the terms used for new engagements.
To assess their compliance position, employers should prioritise:
Even if these reviews were not completed before October 2026, taking action now can help businesses improve their compliance procedures, address outstanding gaps, and reduce the risk of future illegal working penalties.
If your business has not yet reviewed its processes following the October 2026 Right to Work changes, UK Visas can help. Our team can assess your existing procedures, supplier contracts, and compliance arrangements to identify potential gaps and recommend practical improvements. Speak to us about strengthening your ongoing immigration compliance.
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