Right to work – changes from October 2026

The statutory right to work regime will shortly be extended beyond employees and will also cover those engaged under a much wider range of working arrangements.

The change is made under section 48 of the Border Security, Asylum and Immigration Act 2025 and is expected to come into force on 1 October 2026. The existing regime currently applies to those working under a contract of employment. Employers must carry out a right to work check before employment starts. A failure to do so can result in a civil penalty if an employer employs someone illegally and without the prescribed check.

Expansion of ‘employer’ definition

A key change under the new regime is the expansion of the definition of ‘employer’, extending the rules beyond traditional employment contracts to cover the following individuals:

• Some casual, temporary and zero hours workers.
• Individual subcontractors.
• Individuals personally providing services through some platforms or online matching services.
• Substitutes permitted to perform work in place of the original person engaged.

For schools, this may include casual sports coaches, peripatetic teachers and exam invigilators as examples. Schools should ensure the prescribed checks are carried out for those who fall under the categories of contracts above. Those that are genuinely self-employed are not included under the regime.

Extended liability

In addition, the new regime introduces an ‘extended liability’ under which civil penalty liability may also extend beyond the employer who holds the direct contractual relationship with the worker. This is intended to prevent organisations from avoiding responsibility through layers of subcontracting. In most cases for schools, the employment agency will remain primarily responsible for prescribed right to work checks. Schools should continue to ensure written notification is obtained from the agency confirming the right to work checks have been carried out and also verify the worker’s identity before starting employment.

Employers’ guide

On 11 September, the government published a draft employers’ guide to right to work checks. A copy of the guide can be found here.

Advice to schools

Schools should review the current contractual arrangements in place, particularly for those individuals who will now be covered under the new regime. In particular, agency arrangements should be reviewed, and those working under a casual, temporary, or zero-hours contracts. Any relevant policies will also need to be reviewed to ensure they reflect the expanded definitions.

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