UK expands right-to-work compliance obligations from 1 October 2026

The UK government has recently published an updated draft of the Employer's Guide to Right to Work Checks, incorporating stakeholder feedback on the version released on 16 July 2026. The new guidance will take effect on 1 October 2026.

The most significant change is further clarification on the expanded scope of the right-to-work scheme, including a new assessment section for determining employment status. The updated guidance also provides clearer definitions of key concepts, confirms that right-to-work checks can be delegated across all checking methods and includes updated examples to help employers understand how the rules apply to different workforce arrangements.

Importantly, the new extended liability provisions are not retrospective and will generally apply only to contractual arrangements entered into on or after 1 October 2026. Existing contracts will not automatically be brought within scope simply because the work continues beyond 1 October 2026, although organizations should review ongoing arrangements to ensure appropriate illegal working controls are in place.