Last month, Kim Brunger wrote about the Employment Changes that are coming into force in October including Tribunal Claim Time Limits Extended, Changes to sexual harassment Legislation, change to Trade Union Rights.
There have been some more recent updates that are also coming into force in October.
1 October 2026 – Right to Work checks extended
From 1 October 2026, the Right to Work checking regime is being extended beyond traditional employees.
Organisations will also need to consider Right to Work checks where they engage individuals:
- under a worker’s contract;
- as an individual subcontractor; or
- through certain online matching/platform arrangements where individuals provide services to clients or customers.
This is an important change for businesses that currently use self-employed individuals, contractors, casual workers or other non-standard working arrangements.
Employers should review how individuals are engaged within their organisation and ensure that the appropriate Right to Work check is completed before the individual starts work.
There are also new provisions which can extend potential liability within certain contracting and subcontracting arrangements. Businesses using labour providers, subcontractors or substitution clauses should therefore review their contractual arrangements and Right to Work processes carefully.
The way you conduct your right to work checks is not changing and you should continue to follow the correct process for this.
When conducting Right to Work checks in the UK, the key principle is that the check must be completed before the individual starts work, using one of the prescribed methods. Carrying out the check correctly gives the employer a statutory excuse against a civil penalty if it later transpires that the person did not have the right to undertake the work.
It is also important to apply the process consistently. Employers should not make assumptions about somebody’s right to work because of their name, accent, nationality, appearance or perceived ethnic origin.
Action required
We recommend reviewing your workforce now to identify anyone working within the business who is not engaged under a traditional contract of employment and checking whether the new requirements will apply from 1 October.
You should also review any arrangements involving subcontracting, labour providers or the right for an individual to provide a substitute.
If you would like more information, guidance or support, speak to your dedicated HR Consultant at Advo. We can help you understand what these changes mean for your organisation and, most importantly, support you in taking the practical steps needed to prepare.
Update written by Jenni Welch, Advo HR Manager