The government has launched their consultation here regarding the expansion of the right to work.

Consultation on the expansion of right to work checks

The government has opened a consultation on expanding the right to work rules. The proposed changes would extend civil penalties from employees to include sub-contractors, agency staff, and gig workers. Intended to deter ‘rogue employers’ from exploiting illegal workers, the scheme could fine organisations up to £60,000 per illegal worker unless proper right to work checks are completed.

These changes could significantly increase the number of right to work checks that organisations must perform, along with raising the risk of facing civil penalties.

There is a possibility that Digital Verification Service (DVS) checks will become mandatory for British and Irish employees. The consultation remains open until 10 December 2025, and the new rules are expected to come into effect either late 2026 or early 2027.

If you are short on time, we’ve provided a brief survey with key questions. We will collate your responses and feed them into the consultation. You can respond to the survey here. Please submit your responses by 6pm on Monday 1st December to be included in our submission.

Who do the proposals cover?

The proposals to expand right to work checks cover the following alternative working arrangements:

  • A worker’s contract: an organisation or person (“A”) hires an individual (“B”) under a worker’s contract.

A potential civil penalty applies where there is a contract for B to personally perform work or services for it, or on its behalf for another party. This does not apply where there is a contract of service or apprenticeship to perform work for A or another organisation, and it does not apply if A is a client or customer of B’s profession or business

This will not apply to typical self-employment cases, such as hiring a plumber or cleaner for your home, as A is a client of B’s business.

  • Sub-contracting: an organisation or person (“C”) engages an individual (“D”) as a sub-contractor.

This applies where D has contracted with C to deliver work or services, and C has separately contracted with a third party to supply or arrange those same services.

Industries that depend extensively on subcontractors, such as construction, will be significantly affected by this.

  • Online-matching: an online matching service provides the details of an individual service provider to potential clients or customers. A ‘service provider’ means a person providing, or seeking to provide, work or services for remuneration.

An online matching service refers to a provider who operates a platform where clients or customers can submit requests to be paired with service providers, and who charges a fee or commission for facilitating these matches.

This applies to digital technology platforms like Deliveroo or Ubereats that connect service providers with their customers.

What input is the consultation seeking?

The consultation is seeking view on:

  • How the right to work expansion should be implemented
  • How the expansion will impact businesses
  • How employers can be supported to meet the new requirements.

Recommended actions:

We suggest organisations take these steps:

  • assess your workforce to determine how many additional workers will require right-to-work checks. You may need to coordinate with your Operations, Facilities, or Recruitment managers, or others responsible for hiring, to gather this information. We can assist you in identifying which of your employees might be affected;
  • review right to work practices. For casual workers, consider light touch checks before the new law is implemented, but avoid full right to work checks, as treating them like employees can have employment or tax implications. We can advise on appropriate checks;
  • review service agreements with contractors, and consider requesting confirmation that their subcontractors have completed all required checks;
  • check you have the resources and systems needed to meet the requirements;
  • participate in the consultation prior to 10 December 2025.

The material in this article is provided for guidance and general information only and is not intended to constitute legal or other professional advice upon which you should rely. In particular, the information should not be used as a substitute for a full and proper consultation with a suitably qualified professional. Please do contact the Bates Wells team if you require further information.