The Government has published draft updated guidance for employers on right to work checks ahead of new rules coming into force on 1 October 2026.

Section 48 of the Border Security, Asylum and Immigration Act 2025 significantly expands the UK’s right to work regime, broadening its application beyond traditional employment relationships.

Under the new regime – due to come into force on 1 October 2026 – the definition of ‘employer’ is expanded to impose a legal duty to prevent illegal working (and to carry out right to work checks) not only on those who employ individuals under a contract of employment (or apprenticeship) but also (a) under a worker’s contract, (b) as an individual sub-contractor, and (c) operating as an online matching service providing the details of an individual who is a service provider to potential clients or customers. At the same time, the new regime provides for circumstances in which liability for payment of a civil penalty for illegal working may extend beyond the employer who has the direct contractual relationship with the worker (so-called ‘extended liability’).

The expansion of the regime is a response to modern labour practices such as the growth of the gig economy and the use of sub-contracting or intermediaries in particular sectors. In the updated guidance for employers, examples are provided about how the new rules will apply, for example, to the construction, hospitality, and food delivery industries. However, it will have implications for the entertainment industry too, given its reliance on freelancers, short-term engagements, day players, and crew engaged at short notice often through production companies, agencies, and personal service companies. Previously, we discussed (here) steps that those in the industry can take to get ahead of the new rules coming into force.

The updated Home Office guidance provides further detail on how the new regime will operate in practice, explaining at length the various new relationships that will now fall within its scope, and providing detailed advice on the circumstances in which the new extended liability provisions will arise.

To read the draft guidance in full, click here.