Traditionally, one of the core principles underpinning the prevention of illegal working in the UK has been that employers are only responsible for verifying the right to work of individuals they directly employ. However, this long-standing approach is set to change.
In March, the government announced its intention to expand the scope of right to work checks to include certain categories of self-employed and gig economy workers. This proposal reflects the evolving nature of the UK labour market, where non-traditional forms of work—such as freelance engagements, platform-based services, and sub-contracting—have become increasingly common.
Under the new plans, businesses that engage individuals under a worker’s contract, those who hire self-employed sub-contractors, and online platforms or “matching services” that connect service providers with customers in exchange for a fee, will be required to ensure that those individuals have valid immigration permission to work in the UK.
Failure to carry out compliant right to work checks could expose businesses to a significant civil penalty—currently up to £60,000 per individual found to be working illegally. This represents a substantial increase in potential liability for many organisations, particularly those operating in sectors with a high reliance on flexible or freelance labour such as construction or hospitality.
The legislative foundation for this new regime is set out in the Border Security, Asylum and Immigration Bill, which will amend the Immigration, Asylum and Nationality Act 2006. The new Section 45 provision will expand the definition of a “person employing another” to include:
- Businesses engaging individuals under a contract for services
- Businesses that directly engage sub-contractors
- Individuals providing services via online platforms or digital matching services
For many employers, this change could result in a significant increase in both the number of right to work checks they need to carry out and the associated compliance risks. Businesses will need to review their existing onboarding and verification processes to ensure they are equipped to meet the expanded obligations once the new rules take effect.
The Bill has not yet become law and is currently progressing through Parliament. Last week, the government launched a public consultation on the proposed changes, seeking input from employers, trade bodies, and other stakeholders. The consultation aims to gather views on:
- How the new right to work requirements should be implemented and enforced
- What practical challenges businesses may face
- How processes can be simplified to help compliant employers meet their obligations efficiently
This consultation provides a valuable opportunity for businesses and organisations to help shape forthcoming Home Office guidance and the statutory codes of practice that will support the new legal framework.
The consultation will close on 10 December 2025. Those wishing to contribute can complete the questionnaire online or submit a response via email to righttorentandrighttowork@homeoffice.gov.uk.
If you would like further information about the proposed changes, their potential impact on your business, or support in preparing a consultation response, please contact Joanna Hunt.
