James Lamont writes about right to work liability expanding for Solicitors Journal

22 September 2026

“From 1 October 2026, the Home Office will, in theory, be able to sanction organisations for illegal working not only by their own employees (under an expanded definition), but also by subcontractors’ employees, substitute workers and workers matched with clients (where a business operates as an online matching service)” warns James Lamont in a new article for Solicitors Journal on the UK’s upcoming overhaul of right to work. “Protecting organisations with subcontracting chains and online matching services from massive illegal working penalties will involve not only ensuring that HR teams conduct right to work checks correctly, but also advising on amendments to commercial contracts,” adds James, in this article examining the consequences and tasks ahead for many organisations, as well as the lawyers advising them across different practice areas, from immigration and employment to in-house counsels and commercial lawyers.

From 1 October 2026, organisations can be fined up to £60,000 for a worker lacking the right to work, even if they never met them. It is the most radical expansion of the right to work regime since it began in 2006. The new laws, coming into effect from 1 October, redefine employer liability and protection against illegal working penalties. Currently, a business is generally only liable for a civil penalty (or a criminal sanction where it acts knowingly or with reasonable cause to believe) if it directly employs an illegal worker. Section 48 of the Border Security, Asylum and Immigration Act 2025, which amends the Immigration, Asylum and Nationality Act 2006, changes that in two ways from 1 October 2026:

The definition of “employment” for right to work purposes expands to cover worker’s contracts, individual subcontractors and online matching services that match workers to clients, in addition to traditional contracts of employment.

A new “extended liability” regime means a business can face a civil penalty of up to £60,000 per illegal worker found in its subcontracting chain, through an online matching service it operates, or under a substitution clause – even with no direct relationship with the worker. Businesses that map out their exposure this autumn with decent immigration advice will be far safer than those treating this as a routine update to the checking process.

“HR teams have become familiar with these compliance requirements, with help from immigration lawyers and where necessary from their counterparts in employment law,” writes James. “Now Section 48 of last year’s Border Security, Asylum and Immigration Act inserts new sections 14A and 15A into the 2006 Act, expanding both the definition of employment and the class of persons who may lead to liability. The amendments extend the burden of private-sector enforcement of immigration control beyond the employment relationship and into commercial contracting chains. The consequences will be felt not only by immigration and employment lawyers but by in-house counsel and contract lawyers previously untroubled by right to work compliance.”

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.