The October 2026 right to work rules, explained

From 1 October 2026, section 48 of the Border Security, Asylum and Immigration Act 2025 extends the UK’s illegal working rules beyond employees. If people work for your business in other ways, you may now need to check their right to work too.

Right to work rules

In force
From
1 October 2026
Law
Border Security, Asylum and Immigration Act 2025, section 48
First breach
Up to £45,000 per worker
Repeat breach
Up to £60,000 per worker
Now covers
Workers, contractors, agency and gig workers
A plain-English summary, not legal advice.

Who is now in scope

  • Workers on a worker’s contract, including casual, temporary and zero-hours workers
  • Individual contractors and self-employed people you engage directly
  • Agency workers and labour supplied through other companies
  • Gig economy and platform-based workers, and any substitutes they send

What you need to do

  • Check right to work before the person starts working for you, not after
  • Use a method set out in the Home Office code of practice: an online check with a share code, or a manual check of original documents with the person present
  • Keep a clear copy of what you checked, and record the date
  • For time-limited permission, do a follow-up check before it runs out

What it costs to get it wrong

The civil penalty is up to £45,000 per illegal worker for a first breach and up to £60,000 per worker for a repeat breach within three years. A correctly done check, recorded at the time, gives you a statutory excuse against the penalty.

Where SetsCheck helps

SetsCheck makes sure every check is recorded properly: it won’t save a right to work check as Verified until every step is ticked and the evidence is attached, it labels late checks so nothing is hidden, and it reminds you before time-limited permission ends.

Official guidance

Read the Home Office code of practice on preventing illegal working and the GOV.UK guidance on penalties for employing illegal workers. This page is a plain-English summary, not legal advice.

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