UK Right-to-Work Checks Will Reach Up the Supply Chain From 1 October
Not legal advice. This article discusses legal and regulatory developments and is generated with AI assistance under human editorial review. It is provided for informational purposes only and does not constitute legal advice. Laws and regulations vary by jurisdiction and are subject to change. You should consult your own qualified legal counsel before taking or refraining from any action based on the content of this article. Read our AI Transparency statement.
The News
From 1 October 2026, the UK's right-to-work compliance regime will expand significantly under Section 48 of the Border Security, Asylum and Immigration Act 2025, as Mishcon de Reya and other law firms have detailed this week. The core obligation — that it is unlawful to employ someone without the right to work — remains unchanged, but the definition of 'employment' now extends to workers' contracts, individual subcontractors within contracting chains, and online matching platforms. Liability travels up the supply chain: where a worker at the bottom of a subcontracting arrangement lacks the right to work, every business in that chain may face civil penalties, even without a direct contractual relationship with the worker. A new extended statutory excuse is available, but it requires compliant contractual terms, substitution controls, and identity verification systems using providers specifically authorised on the Office for Digital Identities and Attributes register — general identity verification alone is insufficient. Failing to meet even one prescribed requirement may strip the defence.
Why It Matters
This is not an immigration issue you can hand to HR and move on. The expanded liability reaches procurement, legal, operations and supply-chain functions — any business that supplies services using contractors, agency workers or gig workers may now carry RTW compliance responsibility for people it does not directly employ. For TA leaders, the risk is acute if your organisation uses staffing agencies, outsourced service providers or platform-based labour: a non-compliant worker three subcontractors down the chain can trigger penalties against you. The October deadline is three weeks away, and the compliance work — auditing labour supply arrangements, updating contracts, verifying identity provider accreditation — is substantial.
Taking Action
All action is situated in your corporate context. These are starting points, not prescriptions — choose what fits.
Connect
Who to talk with in your enterprise
Your head of procurement: ask for a map of every labour supply arrangement that involves contractors, agency workers, or subcontracted services — and identify where right-to-work liability now sits under the expanded definition. Your legal/compliance team: confirm whether your digital identity verification provider is specifically authorised on the Office for Digital Identities and Attributes register for right-to-work checks. General identity verification authorisation will not satisfy the statutory excuse after 1 October.
Inspect
What to take a closer look at
Audit your current labour supply chain contracts for right-to-work clauses. The new statutory excuse requires compliant contractual terms and substitution controls in place before any work begins — not after a problem surfaces. If your contracts with agency or contractor providers do not include RTW warranties and indemnities that align with the Section 48 requirements, they need updating before 1 October. Check that your identity verification provider appears on the ODiD register specifically for right-to-work checks.
Reflect
What to think about more deeply
If liability for illegal working now follows the worker up your supply chain, how far down that chain can you actually see — and how far should you be expected to?