Expansion of right to work obligations: incoming requirements for non-traditional workers

Author: Flora McCarthy 

The Border Security, Asylum and Immigration Bill introduces a significant expansion of the scope of right to work checks, extending beyond traditional employees to include workers and those in non-traditional employment contracts. This legislative development forms part of a broader objective to strengthen immigration controls and disrupt illegal working practices.

Current position

All employers have a legal obligation to prevent illegal working, so must ensure 'employees', engaged under traditional employment contracts, are eligible to work in the UK. Failure to comply with these checks, leading to the employment of an illegal worker, can render an employer liable to pay civil penalties, or face criminal sanction if done so purposefully.

However, the current framework includes a notable gap. While all employers are under a legal duty to ensure employees are working legally, they are not required to do equivalent checks for workers engaged through alternative arrangements, for example those in the gig-economy or on zero-hours contracts. For agency workers, the responsibility to ensure legal right to work currently lies with the company providing the labour. 

Proposed changes

The Border Security, Asylum and Immigration Bill seeks to extend the scope of right to work checks to include workers in non-traditional employment relationships. In addition to the existing requirement to conduct eligibility checks on employees, the Bill introduces mandatory right to work checks for those who are:

• Gig-economy workers
• On zero hours contracts
• Contractors 

This Bill will impose the same obligations on employers in respect of such workers, in line with those of a typical employment contractual relationship. Failure to conduct checks on these non-traditional workers (and negligently engaging with illegal workers) could expose businesses to penalties including:

• Fines of up to £45,000 per illegal worker for a first-time offence
• Fines of up to £60,000 per worker for repeat offences
• Criminal sanctions, including potential prison sentence of up to 5 years
• Director disqualification and potential business closure

What does this mean for employers?

These incoming changes will increase employers' administrative burden and will be particularly significant for businesses relying on flexible working arrangements — for example, seasonal workers, and those in sectors such as food delivery, beauty salons, construction and courier services who have increasingly been the focus of recent Home Office enforcement.

Businesses should take proactive steps to adapt to the incoming requirements:

• Review existing procedures – with increased Home Office scrutiny, ensure current procedures meet applicable legal requirements
• Update onboarding process – ensure right to work checks are carried out for all types of workers, regardless of employment relationship and have a system in place to track the visa expiry dates and document their right to work on a secure platform
• Utilise digital verification services – use online tools such as the Home Office’s online checks (for non-UK and Irish citizens) and Identity Document Validation Technology service providers (for UK and Irish citizens), to ensure compliance by strictly following the imposter check element of the right to work check process

Looking ahead

The Bill is currently at the committee stage in the House of Lords, with the next sitting scheduled for 13 October 2025. Subject to parliamentary approval, the legislation is expected to come into force in 2026-27, following consultation and lead-in period to allow businesses to adapt and prepare.

This Bill forms part of the Government’s measures to strengthen enforcement against illegal working. Whilst it is still in draft form and subject to potential amendments, given the substantial penalties and government commitment to immigration enforcement, businesses are advised to remain vigilant, review existing arrangements and introduce safeguards to ensure readiness for compliance with potential future legislative changes.

If you would like to discuss how we can support you and your business on this topic, please don’t hesitate to contact a member of our UK Business Immigration team.