Right to Work changes: What should employers do before 1 October 2026?

Potentially, yes.

Organisations should review relevant agreements to ensure that responsibilities for right to work compliance are clearly addressed, particularly where contractors, agencies or other third parties are involved in delivering work or services.

Depending on the arrangements, organisations may need to consider whether agreements adequately deal with:

• responsibility for carrying out right to work checks

• obligations to provide evidence or information demonstrating compliance

• audit and verification rights

• notification requirements where concerns are identified

• arrangements involving substitutes

• the use of further subcontractors.

However, contractual wording alone may not be enough.

The draft guidance indicates that organisations may need effective processes for ensuring relevant controls operate in practice. A contractual obligation requiring a supplier to carry out checks may provide limited protection if there is no process for obtaining evidence, monitoring compliance or responding to concerns.

Organisations that rely on digital identity verification services should review their existing arrangements before the new regime takes effect.

The changes include updated requirements relating to Right to Work Digital Verification Service Providers.

If you use a digital identity checking service, consider:

• Whether the provider is appropriately registered to provide right to work checks

• Whether the service you use meets the requirements for the checks being carried out

• Whether your internal processes correctly incorporate the results of the digital check

• Whether the relevant checks are completed before the individual starts work.

The checklist includes a specific prompt to consider whether any digital identity checking service used by the organisation is listed on the Office for Digital Identities and Attributes register as being able to provide right to work checks.

Not necessarily.

For many organisations, the basic checking process for directly employed staff will remain largely unchanged.

However, the expanded scope of the regime means organisations may need to review whether their existing processes only cover traditional employment relationships.

For example, your current process may not address:

• individual contractors or subcontractors

• workers engaged outside contracts of employment

• substitutes who carry out work in place of the originally engaged individual

• complex labour supply chains

• arrangements where it is unclear who is responsible for carrying out checks.

The key question is whether your existing processes reflect the full range of working arrangements used by your organisation.

Organisations should start preparing now.

A practical approach could include:

• Identify everyone who carries out work for your organisation, including individuals engaged indirectly.

• Map contractor, agency and supply-chain arrangements, particularly where there are multiple layers of contracting or subcontracting.

• Clarify responsibility for right to work checks at each stage of the relevant arrangement.

• Review relevant contracts and agreements to identify gaps, unclear responsibilities and inadequate controls.

• Review substitution arrangements and consider how the identity and right to work status of the person actually carrying out work is verified.

• Check existing verification processes, including any reliance on digital identity checking services.

• Review policies and procedures to ensure they reflect the expanded range of arrangements that may fall within scope.

The changes do not necessarily mean that every organisation will need to completely redesign its right to work processes. However, organisations should avoid assuming that arrangements outside traditional employment are automatically outside the regime.

Our October 2026 Right to Work checklist is designed as a practical starting point.

By answering a series of questions about your workforce, contractors, agencies, supply chains, online platforms and contractual arrangements, organisations can identify whether they may be affected by the changes and where further review may be required.

A "Yes" answer does not necessarily mean that your organisation is non-compliant. It may, however, indicate that you should review your arrangements before 1 October 2026.