Right to Work Checks for Tradespeople: What Changes from October 2026

The UK's right-to-work regime expanded on 1 October 2026. If you're a self-employed tradesperson working as a subcontractor — or a small builder who hires subbies — this directly affects you. The penalties for getting it wrong reach up to £60,000 per worker for repeat breaches.

What Is Right to Work and Why Has It Changed?

Right to work checks are how employers verify that the people they engage are legally entitled to work in the UK. Previously, this obligation applied mainly to direct employees. If you were a sole trader taking on subbies work, the firm hiring you wasn't technically required to check your right to work — you were self-employed, not an employee.

That changed on 1 October 2026. The new regime extends the obligation down the supply chain. Principal contractors and any business that engages individual subcontractors now bear legal liability for checking those individuals have the right to work in the UK.

The Home Office has specifically identified construction as a "high-risk sector" for right-to-work enforcement. That means increased checks, targeted inspections, and less tolerance for informal working arrangements.

Who Does This Affect?

If You're a Sole Trader Working as a Subcontractor

You are directly affected. Any business engaging you — whether a principal contractor, a main contractor, or a subcontractor higher up the chain — may now ask to check your right-to-work documents before you start on site.

In practice:

• Carry your documents. A valid UK or Irish passport, a share code (for settled/pre-settled status holders), or a biometric residence permit.
• Expect more requests. Firms that previously waved you through without checks may now ask to see documents on every new contract.
• Digital Verification Service Providers (DVSPs). If a firm checks your documents digitally, they must now use a registered DVSP. A non-DVSP digital check provides no statutory excuse.

If You're a Small Builder or Contractor Who Uses Subbies

This is where the liability sits heaviest:

• You are now required to check the right to work of individual subcontractors you engage — not just direct employees.
• Civil penalty: £45,000 for a first offence, rising to £60,000 for a repeat breach within three years — per worker.
• "I didn't know" is not a defence. The statutory excuse only applies if you carried out a compliant check.

The obligation applies to individual self-employed subcontractors. If you engage a limited company, the liability sits with that entity as the employer of its own workers.

What Does a Compliant Check Look Like?

Three steps:

1. Obtain the original documents (or use a registered DVSP for digital checks)
2. Check that the documents are genuine and belong to the person presenting them
3. Retain a clear copy

For UK and Irish nationals: a passport or birth certificate plus National Insurance card. For non-UK nationals with leave to remain: a share code checked against the Home Office online service.

If you use a digital checking service, it must be a registered DVSP. Using a non-approved tool provides no statutory excuse.

How Does This Work in Practice on Site?

The most common arrangement: developer → main contractor → subcontractor firm → individual operative. Under the new rules:

• The main contractor must check the right to work of any individual they directly engage
• If they subcontract to another firm, that firm takes on the obligation for its own workers
• The main contractor can still face liability if they knew or had reason to believe illegal working was occurring down the chain

Practical implication: Large sites are likely to implement site registration systems that include a right to work check at induction. Arriving on a large residential site without documents risks being turned away.

What About the CSCS Card?

The CSCS card verifies construction competence — not immigration status. It is entirely separate from right to work. A valid CSCS card does not satisfy a right to work check.

Key Dates and Transitional Rules

1 October 2026: New obligations in force for all new engagements.

Existing contracts: Ongoing arrangements that began before 1 October do not automatically require an immediate new check, but you should carry out compliant checks as soon as practicable.

New engagements from 1 October: Any new contract, new site, or new working relationship requires a check before work starts.

Why Construction Is Specifically Targeted

The Home Office named construction as a priority enforcement sector because of:

• High reliance on short-term, informal labour arrangements
• Multi-tier supply chains historically used to obscure illegal working
• Large numbers of self-employed and sole trader workers
• High proportion of overseas workers

Spot checks on construction sites by Home Office enforcement officers are more likely than in most sectors.

Practical Compliance Checklist

If you are a self-employed subcontractor:

• Locate your right-to-work documents (passport, share code, or biometric residence permit)
• Check they are not expired
• Be ready to provide them before starting any new contract
• If you have pre-settled status, ensure your share code is generating correctly

If you are a small firm that uses subbies:

• Update your subcontractor onboarding to include a right-to-work check
• Train whoever signs up subbies on the three-step process
• Use a registered DVSP if you want to conduct digital checks
• Update subcontractor agreements to include a right-to-work warranty clause
• Review ongoing arrangements and check documents where not previously done

Frequently Asked Questions

Does the right to work check apply to every self-employed subcontractor in construction? Yes, from 1 October 2026. Any business engaging an individual subcontractor is now required to verify that individual's right to work. The previous position — where the obligation applied only to direct employees — has changed.

What is the fine for not checking a subcontractor's right to work? The civil penalty is up to £45,000 per worker for a first offence, rising to up to £60,000 for a repeat breach within three years. These are per-worker figures — a site with multiple undocumented workers faces multiple penalties.

Does a valid CSCS card prove right to work? No. The CSCS card certifies construction training and competence. It has nothing to do with immigration status. They are two entirely separate requirements.

Can I use an app to check right to work documents? Only if the app is provided by a registered Digital Verification Service Provider (DVSP). The Home Office publishes the approved list. Using a non-approved digital tool does not provide a statutory excuse.

What documents prove right to work for a UK national? A valid UK passport; a UK birth or adoption certificate alongside a National Insurance letter or HMRC document; or a certificate of registration or naturalisation. A driving licence alone is not sufficient.

What if I'm an EU national with settled or pre-settled status? Use the Home Office online service to generate a share code. The employer checks the share code at gov.uk. The share code is valid for 90 days. You cannot be asked to show a passport as well — the share code check is the compliant method for EUSS status holders.

Does this apply in Scotland, Wales, and Northern Ireland? Yes. Right to work law is reserved to Westminster — it applies across the whole of the UK.

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Written by Russell Brooks, Founder of Sleepless Tradesman. Published 31 October 2026.