James Lamont outlines right to work changes in Construction News

22 September 2026

“From 1 October 2026, contractors can be fined up to £60,000 for a worker lacking the right to work, even if they never met them or knew they were on site. It is the most radical expansion of the right to work regime since it began in 2006,” writes Senior Associate James Lamont in Construction News today. “The new laws, coming into effect from 1 October, redefine employer liability and protection against illegal working penalties. It is crucial contractors understand their full exposure and how to protect themselves from serious sanctions.”

Modern construction projects frequently rely on a hybrid workforce of construction contractors, subcontractor firms and individuals, contract engineers, specialist commissioning teams, agency technicians and freelance consultants, sometimes operating across tiers of subcontracting under an EPC or principal contractor. From 1 October, such arrangements acquire a new liability in the most significant expansion of the UK’s right to work regime since it began. The government insists that this is to reflect modern working practices.

Feel free to join our free webinar and Q&A on these right to work changes. You can find more details and register here. The webinar will be recorded as well as live.

The main changes on 1 October 2026 are:

• 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.
• 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.
• Digital checks tighten. Digital identity providers must be registered on the OfDIA register and specifically authorised for right to work checks.
• 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.

These changes will require most organisations to rethink how they engage workers, contract with suppliers and evidence compliance. We are already helping employers audit their workforce arrangements, redraft contracts, update right to work policies and train HR and procurement teams on the new scheme.

If you would like expert, tailored guidance, including training, updated HR policies and contract reviews, please get in touch. We would be very happy to help you prepare.

In his latest article for the building industry publication Construction News, James Lamont explains how contractors can protect themselves from this right to work expansion if they: “audit all worker engagements, including casual, agency and subcontractors. Take reliable immigration and commercial contract advice. Train those who control site access, commercial teams and site managers. Get prescribed terms into contract templates for any entered into from 1 October. Build check-before-start workflows for any contract with substitution rights. Confirm your digital identity provider is registered for right to work checks on the OfDIA register.”

James Lamont advises private individuals and businesses on all areas of immigration and nationality law. He has successfully advised a broad range of business sectors including tech, finance, entertainment and education. For private clients, James provides advice ranging from highly complex and unusual applications requiring discretion from the Home Office to integrated global mobility projects for family offices and high net worth clients, including elements of business immigration law where applicable.

Scaffolding photo c Hush Naidoo Jade Photography Unsplash