Background
UK Right to Work Changes: 1 October 2026
On 1 October 2026, significant changes to UK right to work law came into effect, including changes to the definition of employment and an extension of civil penalty liability in certain circumstances involving contracted workers.
We were instructed by a major UK leisure and hospitality business employing more than 14,000 people in the UK. The business needed to understand whether the new right to work rules could make it the direct employer of certain contracted workers, as well as whether it could become subject to extended civil penalty liability for workers engaged through different contractual and working arrangements.
The key concern was ensuring that the business could continue to establish and maintain a statutory excuse against illegal working penalties following the changes on 1 October 2026.
Migrate UK Analysis
Migrate UK carried out a detailed analysis of the company's different working relationships against the right to work law changes introduced on 1 October 2026, together with the relevant Home Office guidance.
We examined the different ways in which workers were engaged, including contracted and outsourced arrangements, to establish:
- whether the company could be regarded as the worker's direct employer;
- whether extended civil penalty liability could apply;
- which organisation was responsible for carrying out the relevant right to work check;
- what evidence was required to establish a statutory excuse against a civil penalty; and
- what changes were required to the company's HR and right to work processes.
Our analysis identified the circumstances in which the business could face increased exposure to civil penalties and provided practical recommendations for managing that risk.
Migrate UK produced a detailed report setting out the risks identified, together with template policy wording and contractual amendments that could be incorporated into the company's HR and compliance processes.
This enabled the business to put appropriate procedures in place from 1 October 2026 and ensure that its approach to right to work checks reflected the new legal framework.
Need Help With the 1 October 2026 Right to Work Changes?
The new UK right to work rules introduced on 1 October 2026 can be difficult to interpret, particularly where organisations use contractors, outsourced workers or other non-standard working arrangements.
The impact of the changes depends on the precise nature of each working relationship. By examining the contractual and practical arrangements against the new legislation and Home Office guidance, it is possible to identify where a business may have direct employer obligations or extended liability for civil penalties.
Migrate UK can assess your working arrangements and provide clear, practical guidance on how to establish and maintain a statutory excuse against civil penalties for illegal working.
Contact us to discuss how the 1 October 2026 right to work changes could affect your organisation.
