Right to Work Changes Expected from October 2026 for contractors, freelancers and casual workers

Businesses that use contractors, freelancers or casual workers should start preparing for significant changes to UK right to work rules expected to take effect from October 2026 under the Border Security, Asylum and Immigration Act 2025.

The legislation will expand existing right to work obligations beyond traditional employees to include many workers in the “gig economy”, such as subcontractors, casual workers, self-employed contractors and individuals engaged through online platforms.

What is changing?

Currently, employers mainly carry out right to work checks for employees and some workers engaged directly under a contract. From October 2026, businesses are expected to become responsible for checking the immigration status of a much wider group of people working in connection with their business.

This could include:

• subcontractors

• zero-hours and casual workers

• freelancers and self-employed individuals

• workers sourced through online matching platforms

Importantly, liability may extend even where work is delegated or subcontracted onwards.

Sectors likely to be most affected

The changes are expected to have the biggest impact on sectors that rely heavily on flexible labour models, including these examples:

• construction

• agriculture

• hospitality

• logistics and warehousing

• beauty services

• courier businesses

Digital right to work checks

The Government is also proposing increased use of certified digital verification services for electronic right to work checks. Businesses may need to update onboarding and HR systems to ensure checks are completed through approved providers.

Increased penalties

The reforms are intended to strengthen enforcement against illegal working. Civil penalties and potential criminal sanctions for non-compliance are expected to apply more broadly under the new rules.

Discrimination risks remain important

Employers will still need to ensure checks are carried out fairly and consistently to avoid unlawful discrimination. Draft guidance highlights the importance of applying checks equally to all workers regardless of nationality or immigration status.

What businesses should do now

Although detailed regulations and final guidance are still awaited, businesses may wish to begin reviewing:

• contractor and subcontractor arrangements

• onboarding procedures

• right to work policies

• workforce compliance processes

• HR and manager training needs

Businesses using flexible or outsourced labour models may face the greatest operational changes and should monitor further government guidance during 2026.

This article is intended as a general awareness update only and does not constitute legal advice. Businesses should seek specialist employment or immigration advice where appropriate.