Right-to-work checks
Since 1 October 2026, you must check that workers and individual subcontractors have the right to work in the UK before they start, not just employees, or risk a fine of up to £60,000 per illegal worker.
- When it started
- 1 October 2026
- Who it affects
- Employees, workers and individual subcontractors
- Status
- In force
What’s changing
A right-to-work check is how you confirm someone is allowed to work in the UK. If you do it correctly before they start, it gives you a defence, called a statutory excuse, if they turn out not to have that right.
Until 1 October 2026, the duty covered employees. It now also covers:
- Workers: people who agree to do work for you personally, without being employees or running their own business, such as many casual or zero-hours staff.
- Individual subcontractors: self-employed individuals you take on to do work that you’ve agreed to provide for someone else, such as a customer.
It doesn’t cover people running an independent business of their own: the Home Office guide gives a self-employed plumber as an example. Whether someone is covered depends on the arrangement, not what you call it. For workers and subcontractors, fines only apply where the work started on or after 1 October 2026.
The fine is up to £60,000 per illegal worker. Employing someone you know, or have reasonable cause to believe, isn’t allowed to work is a crime, with up to 5 years in prison and an unlimited fine.
What it means for a small employer
If you use casual staff, or bring in individuals as subcontractors, check them the same way as your employees, before their first day or shift.
The check only gives you a defence if you do it before they start, and you keep a copy of what you checked.
An example, with made-up names. Ellie runs a cafe and takes on Sam as a casual worker for weekend shifts in December 2026. Sam isn’t an employee, but she still checks his right to work before his first shift. She keeps a copy while he works for her, and for 2 years after he leaves.
What to do now
-
Check before they start
Every new employee, worker and individual subcontractor, before their first day or shift.
-
Use one of the 3 ways to check
Check their original documents in person, use the Home Office online check with the share code they give you, or, for British and Irish passports, use a certified digital checking provider.
-
Keep a copy
Securely, for as long as they work for you and for 2 years after.
-
Set follow-up dates
If their permission to work is time-limited, check again before it runs out.
-
Treat everyone the same
Check everyone you take on in the same way. It’s unlawful to discriminate when carrying out right-to-work checks.
How Maravier handles it
- The new-starter link includes the right-to-work check before day one: by share code, a certified digital check for British and Irish passports, or documents seen in person.
- We keep the copies for as long as they work for you and 2 years after, and remind you before a follow-up check is due.
- Individual subcontractors get the same check, with their records and follow-up reminders in one list.
- Your HR expert checks whether someone counts as an employee, a worker or self-employed before any agreement goes out.
We don’t give visa or immigration advice: questions about sponsoring a worker go to a regulated immigration adviser.
Leo, a few things before Monday
- Your detailsAddress and emergency contact
- Bank and tax detailsHMRC starter checklist
- Right to workChecked with your share code
- 4Sign your contractAnd the union rights statement
- 5Staff handbook
- 6Respect at work trainingAbout 20 minutes
All names are made up for the demo.
Sources
- Employer’s guide to right to work checks: 1 October 2026, gov.uk
- Penalties for employing illegal workers, gov.uk
Checked against the law on 8 October 2026. General information, not legal advice.
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