Right to Work Scheme to be extended to gig economy and casual working arrangements
The Home Office is consulting on plans to extend right to work checks beyond traditional employment relationships, with significant implications for gig economy platforms and sub-contracting arrangements.
Background
In October 2025, the Home Office launched a six-week consultation on proposals to extend the Right to Work Scheme to a wider range of working relationships. The consultation forms part of the government’s Plan for Change to strengthen immigration enforcement and deter illegal working.
Since 2008, employers have been required to carry out prescribed right to work checks before employing anyone under a contract of employment, to ensure the individual is legally entitled to work in the UK. These checks protect employers from civil and criminal liability and form a key part of the UK’s strategy to prevent illegal working.
The proposed reforms would broaden this duty to cover a wider range of working arrangements, including individuals engaged on workers’ contracts, casual or zero-hours contracts, sub-contracted labour, and self-employed individuals operating through online matching platforms. The change aims to close a regulatory gap that currently allows businesses to engage labour through intermediaries or gig-economy models without formally verifying immigration status.
The consultation proposals
Under the proposals, the obligation to carry out right to work checks would extend to:
- Businesses hiring casual or temporary staff under workers’ contracts
- Companies engaging individual sub-contractors
- Online matching services that connect clients or customers with service providers for payment.
Those operating in affected sectors - such as construction, delivery services, courier work, warehousing, beauty, hospitality and care - would become directly responsible for checking the immigration status of everyone providing labour through their business.
The same civil and criminal sanctions that apply to employers under the existing Right to Work Scheme would also apply to these new categories. The government has emphasised that this would “level the playing field” for compliant businesses by ensuring that organisations acting lawfully are not undercut by competitors who use illegal labour.
Practical impact for employers
If implemented, the proposals would substantially widen the compliance responsibilities of businesses that engage workers or self-employed contractors. Employers that rely on flexible labour models - particularly those using agencies or digital platforms - would need to establish systems for verifying and recording right to work checks across a more diverse workforce.
The consultation acknowledges that some businesses already carry out voluntary checks as good practice, but the proposals would make these checks a legal obligation for all. The Home Office is also seeking views on how to operationalise the new framework and simplify the process for compliant employers.
Looking ahead, the government intends to move towards a digital right to work system using secure digital ID cards. This would create a consistent verification process across all sectors and reduce the risk of forged documents or inconsistent checks.
Learning points for employers
Employers engaging individuals on casual, zero-hours or self-employed arrangements should review their onboarding and compliance processes. If implemented, the changes will make right to work checks a legal requirement across a much broader range of working relationships.
Businesses in sectors such as construction, hospitality, logistics, and personal services are likely to be most affected. Those relying on sub-contractors or gig-economy platforms will need to ensure appropriate systems are in place to verify immigration status and retain evidence of checks.
The Home Office has stated its intention to simplify compliance through the future introduction of digital ID cards, but until that system is operational, manual and online checks will continue to apply.
The consultation closes on 10 December 2025. Employers may wish to respond to ensure that the guidance and code of practice developed to support the new regime are workable in practice.
For more information or advice, please contact Tom Brett Young in our Employment team.