The UK government has introduced a clause to the Border Security, Asylum and Immigration Bill which would expand the scope of the right to work regime.
If passed, the changes would require employers and other businesses to carry out right to work checks for individuals engaged under a broader range of working arrangements, including:
a. Workers operating under contracts for services
b. Individual subcontractors
c. Individuals sourced via online matching platforms
d. Casual, zero-hours, or other non-permanent workers
These changes are aimed at ensuring that right to work checks apply more evenly across all forms of work, not just standard employment.
Current rules
By law, UK employers must check that every individual they employ has the legal right to work in the country. The right to work process involves verifying specific documents or using digital or online checking services before employment begins and keeping a record of the check. The system is designed to prevent illegal working and avoid worker exploitation.
Where the correct procedure is followed, employers may be able to rely on a “statutory excuse” which protects them from a civil penalty if the individual is later found to be working without permission. Failure to carry out the checks can lead to fines of up to £45,000 per initial breach, rising to £60,000 for repeat offences.
However, the current legal framework only applies where a formal employment contract exists. Businesses engaging individuals under non-standard arrangements, such as freelancers, subcontractors or workers on gig platforms, have not been legally required to carry out the same checks.
Proposed changes
The government has stated that the current scheme has gaps that allow irregular working practices to continue unchecked. The growth of the gig economy and the increased use of flexible working models have made it easier for businesses to avoid their responsibilities under immigration law.
Some businesses have used these arrangements to engage workers without checking their immigration status, which can lead to worker exploitation, lower tax contributions and unfair competition in the labour market.
The proposed amendment aims to prevent these issues by applying consistent obligations to all forms of work, regardless of how the contract is structured. It is also intended to act as a deterrent by reinforcing the expectation that employers must carry out checks even where individuals are not traditional employees.
Next steps
Before the new requirements are introduced, the government plans to hold a formal consultation. Employers and sector bodies will be invited to share their views on how the changes might affect different industries. The consultation will also help the Home Office understand how guidance and enforcement should be designed.
A lead-in period is expected between the publication of that guidance and the start of enforcement, to allow time for employers to prepare and adapt their systems.
According to the current timetable, the legislation is expected to be in force no later than the 2026–27 financial year.
Employers who rely on flexible workforces should review their recruitment models and consider whether their current right to work procedures would be fit for purpose under the new rules. HR teams may wish to begin planning for training, system updates and policy changes.
Author
Gill Laing is a qualified Legal Researcher & Analyst with niche specialisms in Law, Tax, Human Resources, Immigration & Employment Law.
Gill is a Multiple Business Owner and the Managing Director of Prof Services - a Marketing Agency for the Professional Services Sector.
