Watch our webinar on October 2026 right to work liability changes

30 September 2026

UK right to work checks and illegal working liability change on 1 October 2026 — expanding to gig workers, individual subcontractors, online platforms and, through the new extended liability regime, to subcontracting chains and supply chains. Recorded 24 September 2026, this webinar with James Lamont and Alexandra Miradi covers what’s changing, who is liable, and how organisations can protect themselves.

You can find our full written guide to the expansion of illegal working liability and how organisations can protect themselves here. For advice, training and help with new compliant right to work policies, email: enquiries@vanessaganguin.com or call 0207 033 9527.

© Vanessa Ganguin Immigration Law 2026. This recording reflects the law and draft Home Office guidance as at 24 September 2026 and may not reflect subsequent changes. It is provided for general information only and does not constitute legal advice.

Summary: What are the right to work liability changes on 1 October 2026?

The Civil Penalty 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 necessitates 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 “Eemployment” 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.

Why do organisations need to be on top of October’s expansion of illegal working liability?

• £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.

How we can help with the 2026 right to work changes

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.