On 1 October 2026, significant changes to the UK’s Right to Work ("RtW") scheme take effect.
These FAQs follow our earlier article on the Right to Work changes due to take effect on 1 October 2026, which set out the headline changes and the need for employers to review relevant contractual arrangements before implementation.
Gurjit Pall and Daniel McKaveney from our immigration law team answer key questions ahead of the changes coming into force.
These FAQs reflect our understanding of the position based on Home Office guidance and information available at the time of writing. Employers should check the latest Home Office guidance and seek advice on arrangement-specific questions.
Will there be a grace period?
No. The changes to the Right to Work scheme take effect on 1 October 2026. The Home Office are clear that they are not delaying implementation or enforcement. This means that you can be held liable under the new scheme from 1 October 2026.
Do the new extended liability provisions apply to every arrangement I enter into?
No. Extended liability will not apply to every commercial arrangement. In broad terms, it is unlikely to apply where you are simply purchasing work or services from another business for your own internal operations. However, each arrangement should be checked by reference to the contractual chain, the role of the parties and the substance of what is being supplied.
I have a contract with a business in place before the 1 October 2026. Do the changes apply?
The changes do not apply retrospectively. If you have a contract with another business and that business is engaging individuals under a worker’s contract or through subcontracts, the relevant date is the date of your contract with the company. The extended liability provisions will only apply if the contract is entered into on or after 1 October 2026.
You are therefore not required to revisit or amend contracts in place before 1 October, but it may be worth reviewing them to identify any gaps.
For any contract entered into after 1 October, you must comply with the prescribed requirements in order to establish the statutory excuse against extended liability.
What if a pre-1 October 2026 contract is renewed, extended or varied after that date?
Although the changes are not retrospective, you should consider whether a renewal, extension or material variation after 1 October 2026 creates a new contractual arrangement or brings the arrangement within the scope of the new rules. This should be assessed based on the wording and practical effect of the change.
What evidence do I need to establish the statutory excuse against extended liability?
To establish the new statutory excuse against extended liability, you need to include specific requirements in your contractual arrangements before any work is carried out. These include having a written statement in place that requires the employer you are contracting with to carry out the relevant Right to Work checks. Any arrangement must also be clear on substitution and meet the terms relating to identity verification requirements.
The Home Office may look for evidence including contractual arrangements, accompanying terms and conditions, written assurances that Right to Work checks have been carried out, audit records, correspondence, substitution approvals and records showing that any prescribed digital identity or verification requirements have been followed.
Read the Home Office Employer’s guide, current version dated 11 September 2026, carefully from pages 50 to 55 for the complete guidance on the requirements.
What records should I keep?
You should retain a clear audit trail showing what checks were required, who was responsible for carrying them out, when assurances were obtained, and what evidence was provided. This may include the contract, relevant terms and conditions, written statements, correspondence, audit reports, records of checks and documents relating to any substitute workers. Records should be kept in an accessible format for as long as they may be needed to demonstrate compliance.
Who is required to carry out the Right to Work check of a substitute worker?
You, the employer, need to carry out a prescribed Right to Work check on any substitute worker before they begin work. This is one of the substitution controls you need to have in place to establish a statutory excuse in the event that the substitute worker is found to be working illegally. Failure to do so means you may be treated as the employer of any substitute who carries out work, and that you may be held liable for payment of a civil penalty.
If a contract is silent on substitution, is it permitted?
No, a contract must expressly allow substitution. If you do allow substitution, you must ensure that the contract includes the prescribed requirements relevant to substitution controls set out above.
If substitution occurs in breach of contractual requirements, the Home Office will look at whether the Right to Work check has been properly carried out on the worker who was directly employed.
Can I still use a third-party service to conduct digital checks?
From 1 October 2026, you must ensure that any digital verification service provider that you use is registered on the Office for Digital Identities and Attributes (OfDIA) register and is able to carry out the relevant digital identity checks in accordance with Home Office requirements.
Do the changes affect agency, subcontractor, umbrella company or labour supply chain arrangements?
They may do. Where there is a chain of contracts involving the supply of workers or services, you should identify who has the direct worker relationship, who is responsible for carrying out Right to Work checks, and whether you need contractual protection to establish a statutory excuse. Particular care should be taken where arrangements involve agencies, subcontractors, umbrella companies, digital platforms or substitution rights.
I plan to enter into a contract with a company to provide cleaning services at my office. Will the changes apply to this arrangement?
In most cases, where you are simply purchasing cleaning services for your own business operations, the extended liability provisions are unlikely to apply. However, the position should be checked against the structure and wording of the contractual arrangements, particularly if there is a wider chain of contracts or any labour supply element.
What should I do before 1 October 2026?
Before 1 October 2026, employers should review contracts and working arrangements that may involve contractors, subcontractors, labour supply chains, agencies, umbrella companies, digital platforms or substitution rights. In particular, you should identify relevant contracts entered into on or after 1 October 2026, check whether the required RtW protections and assurances are included, confirm whether any digital verification service provider is appropriately registered, review your audit trail and evidence-retention processes, and brief HR, procurement and contract managers on the new requirements.
If you require advice or guidance on these changes, or if you have any concerns regarding your existing arrangements, please contact the employment and immigration team at Lindsays.
