From 1 October, businesses will have to confirm that agency workers, contractors, subcontractors and some gig workers have the right to work in the UK, rather than just their own employees. That brings in any event business that uses agency staff or contractors, or hires people through online platforms.
The change comes under Section 48 of the Border Security, Asylum and Immigration Act 2025, and it covers arrangements that start on or after 1 October. Not everyone who is self-employed is covered. Home Office guidance says a business hiring a plumber who runs their own firm and works for lots of different customers wouldn’t need to check that plumber’s right to work.
According to immigration law firm Fragomen, fines start at £45,000 per illegal worker for a first breach, rising to £60,000 for repeat breaches, and serious cases can lead to up to five years in prison. The Home Office has named hospitality as one of the sectors it considers high-risk, along with construction, logistics and the gig economy.
What an immigration law firm advises companies to do
Fragomen‘s advice starts with listing everyone who works for the business, whether they’re on the payroll, supplied by an agency or subcontracted, and how each one was brought in. Contracts should make clear who is responsible for checks, including where a worker is allowed to send someone else in their place. Nobody covered by the new rules should start work before they’ve been checked, and anyone involved in hiring or buying in staff should be trained on the changes.
Checks can be done manually, through the Home Office’s online service or with a digital verification provider. From 1 October, any digital provider used must be listed on the Office for Digital Identities and Attributes register and approved specifically for right to work checks.
