From 1 October 2026, UK right to work checks reach people most employers have never checked before — contractors, freelancers, gig and platform workers, and agency staff — and most compliance guides online still only talk about employees.
Section 48 of the Border Security, Asylum and Immigration Act 2025 extends the statutory right to work regime across contractor chains and platform-matching arrangements for the first time, backed by a hard deeming provision that can remove the "we didn't know" defence in certain circumstances. Here's what's actually changing, and where the real risk sits.
Why "We Don't Employ Anyone" No Longer Protects You
Until now, right to work checks were built around one relationship: employer and employee. From 1 October 2026, that changes. Section 48 inserts new provisions into the Immigration, Asylum and Nationality Act 2006 that bring individual subcontractors, freelancers, and — for the first time — online-matching-service arrangements within scope, alongside the traditional agency worker categories that were already covered. The commencement date itself is set by the Border Security, Asylum and Immigration Act 2025 (Commencement No. 4) Regulations 2026 (S.I. 2026/683), and it's a bare commencement date with no transitional or saving provisions attached — there's no grace period built in for businesses that haven't updated their processes yet.
The Deeming Provision That Doesn't Ask Whether You Knew
The part of this reform that gets conflated most often — even in professional guidance — is the difference between a provision applying to you and a provision making you liable. The new extended liability rules include a deeming provision with no knowledge or reasonableness qualifier attached to it: it doesn't ask whether you were aware of the true arrangement further down a contractor chain. That's a materially different test from the general civil penalty standard, and treating "the deeming provision applies here" and "I am liable here" as the same question is exactly the kind of shortcut that turns a defensible position into an expensive one.
Civil Penalties Were Already £60,000 Per Worker — Now the Net Is Wider
The civil penalty ceiling itself isn't new: employers already face penalties of up to £45,000 for a first breach and £60,000 for a repeat breach, per illegal worker. What's changing on 1 October 2026 is who those penalties can now reach — engagers who never thought right to work checks were their responsibility at all, because they never directly employed anyone. If your business engages contractors, uses gig platforms, or sits anywhere in a subcontracting chain, the question isn't whether the penalty amounts changed. It's whether you're now in scope for the first time.
This Isn't Just a Civil Fine — Criminal Liability Reaches Further Too
The criminal offence under section 21 — knowingly employing, or employing with reasonable cause to believe someone lacks the right to work, carrying up to five years' imprisonment and an unlimited fine — isn't new either. What's new is its reach: the same extension that widens civil liability also extends the statutory "employing" definition across the sections that include the criminal offence itself. For businesses further down a contractor or platform chain, that's the detail most likely to get missed, because criminal liability isn't the first thing anyone associates with hiring a freelancer.
Frequently Asked Questions
Do I need to right-to-work-check a self-employed contractor I engage directly?
In many cases, yes, from 1 October 2026 — individual subcontractor arrangements are now within scope where they weren't before. The exact position depends on the specific contractual arrangement, so confirm it against the current Home Office employer's guide rather than assuming either way.
Does this apply to workers matched through a gig or delivery app?
Yes — this reform specifically brings online-matching-service arrangements into scope for the first time, which is one of the least-covered parts of the change.
What's the actual penalty if we get this wrong?
Civil penalties of up to £45,000 for a first breach and £60,000 for a repeat breach, per illegal worker — and, where the "knows or has reasonable cause to believe" threshold is met, potential criminal liability of up to five years' imprisonment.
Read next: The Employment Rights Act 2025 Tribunal Deadline Doubles This Month and IR35 in 2026: What Limited Company Contractors Need to Know
Where to Go From Here
Scope, deeming provisions, and criminal liability don't stay simple once you're dealing with a real contractor chain or a platform arrangement — and getting the "does this apply to me" question wrong in either direction is costly. The Complete UK Right to Work Checks Blueprint is built around exactly this reform: every legal claim labelled LAW, GUIDANCE, BEST PRACTICE, or WATCH so you always know what's settled and what isn't, a dedicated chapter tracing the extended liability rules step by step, a separate chapter on criminal liability that keeps the civil and criminal tests distinct, and a full Minimum Evidence File checklist and compliance toolkit for building an audit-ready system before 1 October 2026 arrives.
Get The Complete UK Right to Work Checks Blueprint →
This article is for general educational purposes only and does not constitute legal advice. Right to work requirements are detailed, fact-specific, and subject to change — always verify your specific position against current Home Office guidance and consult a qualified immigration or employment solicitor before making compliance decisions.