Right to Work Checks Now Cover Your Subcontractors: What UK Tradespeople Need to Know

If you hire subcontractors — even occasionally — a significant legal change came into effect on 1 October 2026 that you need to know about. Right to Work liability in the UK now extends to workers supplied through labour hire agencies, subcontractors, and gig platforms, and the contractual clause that used to protect you ("the subcontractor is responsible for their own workers") no longer provides a legal defence.

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What Changed on 1 October 2026?

The UK government updated the civil penalty scheme under the Immigration, Asylum and Nationality Act 2006. The key change:

Before 1 October 2026: Liability for employing someone without the right to work in the UK fell primarily on the direct employer. If you hired a suitably-worded subcontract, the responsibility sat with the subcontractor.

From 1 October 2026: Liability extends up the supply chain. If you engage a subcontractor and that subcontractor employs (or sub-subcontracts to) someone without the right to work, you can be held liable — even if you had no direct employment relationship with that person.

This aligns the UK more closely with how liability has worked in some European jurisdictions and closes a loophole that was widely used in construction, roofing, groundworks, and labour-hire arrangements.

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What Are the Penalties?

The civil penalty structure as of October 2026:

A single site with five workers without the right to work could result in a first-offence civil penalty of £225,000. For a repeat offence, £300,000.

The Home Office uses a statutory excuse system — if you have carried out the correct checks and kept records, you have a defence even if a document later proves false. If you have done nothing, you have no defence.

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Why Contract Clauses No Longer Protect You

Many contractors have historically included a clause in subcontract agreements along the lines of: "The subcontractor warrants that all workers supplied have the right to work in the UK and accepts full liability for any breach."

This clause may still have contractual value — allowing you to pursue the subcontractor for indemnification — but it no longer provides a statutory defence against civil penalty. The Home Office takes the position that the principal contractor has an obligation to take reasonable steps regardless of what the subcontract says.

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What Checks Do You Now Need to Carry Out?

The government has not published a prescriptive checklist for the new supply chain obligation, but guidance from immigration law firms and construction industry bodies points to a reasonable steps standard. In practice, this means:

For direct employees and workers

Continue to carry out full Right to Work checks before the first day of work:

• Inspect original documents (passport, BRP, share code)
• Satisfy yourself they are genuine and belong to the holder
• Make a copy and record the date of the check
• Use the Home Office online checking service for biometric residence permits and status

For subcontractors and labour agencies

• Ask for written confirmation that all workers have been right-to-work checked
• Request copies of your subcontractor's right-to-work checking policy
• For higher-risk or large engagements, consider requiring evidence of checks (redacted copies of documents or Home Office share codes)
• Keep records of the steps you took

For workers who started before 1 October 2026

You are not required to retrospectively check workers who were already engaged before the change. The obligation applies to anyone who started work on or after 1 October 2026.

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Digital vs Manual Checks

The Home Office strongly prefers digital checks via the online right to work checking service (gov.uk/view-right-to-work). This is the only way to check the status of:

• EEA nationals using the EU Settlement Scheme
• Holders of Biometric Residence Permits
• Those with digital immigration status (eVisa)

Manual document checks (passport, visa stamps) remain valid for British and Irish citizens and those who hold physical documents.

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Record-Keeping Requirements

You must retain records of every check you carry out:

• A copy of the document(s) checked, or a record of the online check reference
• The date the check was carried out
• The name of the person who conducted the check

Records must be kept for the duration of employment plus 2 years. For subcontractors, retain copies of correspondence confirming you requested and received RTW compliance confirmation.

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Frequently Asked Questions

I only use the same two or three subbies I've worked with for years — do I need to do anything?

Yes, if any of those subcontractors employ or supply workers who started work on or after 1 October 2026. The obligation covers new engagements, not historical arrangements. For people already working before that date, you have no retrospective obligation — but for anyone new on site from October onwards, ask your subcontractor to confirm checks have been carried out.

What if my subcontractor refuses to provide confirmation of right to work checks?

Refusal is a risk flag. It does not automatically mean there is a problem, but it means you have no evidence of reasonable steps taken. For large engagements, consider whether this is a subcontractor you want to continue using. Document your request and their response — that paper trail matters if there is ever an investigation.

Does this apply to sole traders I hire for a day?

If a sole trader is a genuine self-employed individual working under their own direction, the Right to Work rules apply differently — the obligation is primarily for employed or quasi-employed workers. However, if the sole trader is effectively working as a disguised employee, the rules may apply. When in doubt, ask — and keep a record that you asked.

Where can I find the official government guidance?

The Home Office publishes the Employer's Guide to Right to Work Checks on GOV.UK. The October 2026 updates to supply chain liability are covered in the revised civil penalty code of practice, available at gov.uk/government/publications/right-to-work-checks-employers-guide.