Free webinar: Right to work October changes. Is your organisation ready?

Thursday 24 September 2026 · 12.00–12.40pm (UK) · Free online webinar via Microsoft Teams

[Click here to register for the webinar]

The Right to Work Scheme that has been in place since 2008 requires employers to carry out prescribed right to work checks prior to employing someone regardless of a person’s nationality, even including British citizens to benefit from a statutory excuse to protect them from civil penalties for illegal working.  The UK government insists that the UK’s modern labour market needs more up-to-date definitions of “employment.”

From 1 October 2026, the biggest change to UK right to work checks since the regime began takes effect.

1. The definition of “Employment” is expanding. Right to work checks will be required for many casual, agency-style and gig economy engagements, individual subcontractors and workers sourced through online platforms – not just for employees.
2. A new “extended liability” commences. Organisations can face a civil penalty of up to £60,000 per illegal worker found anywhere in their subcontracting chain, through an online matching service, or working as a substitute – even where they have no contract with, or knowledge of, the worker. Offenders may in some cases face criminal charges, premises closure powers and sponsor licence revocation.
3. Digital checks tighten. Digital identity providers must be registered on the OfDIA register and specifically authorised for right to work checks.
4. The defence to a civil penalty – the “statutory excuse” – must be built before work starts: prescribed contract terms, substitution controls and identity verification, operating in practice. It cannot be retrofitted after a penalty notice arrives.

What’s at stake?

• £60,000 per illegal worker: the civil penalty is per worker and uncapped in aggregate. Five workers in a non-compliant chain is a £300,000 exposure.
• Criminal liability: an unlimited fine and up to five years’ imprisonment where a business knew, or had reasonable cause to believe, a worker had no right to work.
• Premises: immigration officers can issue an illegal working closure notice shutting a site for up to 48 hours, extendable by court order for up to 12 months.
• Loss of sponsor licence: compliance failures put the licence at risk of revocation. Once a licence is revoked, sponsored workers can lose their visas and right to work in the UK which generally depends on a sponsor.
• Contracts and reputation: customers will soon demand the prescribed terms and audit rights of their suppliers; businesses that can’t evidence compliance risk losing work before the Home Office ever calls.
• The defence cannot be built retrospectively: the statutory excuse only exists if the prescribed requirements were in place, and operating, before the work started.

What we are covering in 40 minutes

• The changes (10 minutes): who now needs a check, and how extended liability reaches subcontracting chains, platforms and substitution clauses.
• What organisations can do (10 minutes): the prescribed requirements and a plan to protect your organisation.
• Your questions (15–20 minutes): open Q&A with our immigration lawyers: bring your own arrangements and queries.

Who should attend

HR and people teams who run right to work checks today; in-house counsel, commercial and procurement teams whose contracts will now carry the risk; operations leaders in construction, aviation, film & TV, engineering, energy and renewables, tech, manufacturing and logistics; recruiters and staffing businesses; and anyone holding a sponsor licence. No prior legal knowledge needed — and colleagues are very welcome: forward this page freely.

[Register for the webinar here ]

If you can’t make the webinar

If you can’t make the 24 September, do email enquiries@vanessaganguin.com and let us know if you would like the slides and recording, or any more details of how we can help.

We can help

We are already helping organisations with their preparations for this seismic shift in right to work obligations.

Organisations should be auditing workforce and contracting arrangements against the new definitions, redrafting commercial contracts to carry the prescribed terms, updating right to work policies and onboarding and training HR, procurement and operations teams.

If you would like tailored advice, training or help writing your new right to work policies, contact enquiries@vanessaganguin.com or call 0207 033 9527.

For more details on preparing for October’s right to work changes

Read our full guide: Right to work checks are expanding in October 2026: what you need to know