[UK] Proposed amendment to expand right to work checks

In the UK, experts say a proposed amendment to extend right to work checks to gig economy and agency workers could mark a significant change for employers, Pinsent Masons reports.

The change has been proposed as part of the Border Security, Asylum, and Immigration Bill, which is currently under consideration by the House of Lords. It includes an amendment to the Immigration, Asylum, and Nationality Act 2006 to modify how right to work (RTW) checks are applied.

The proposal comes in the wake of the government’s March announcement that it would introduce tougher laws to crack down on illegal working. 

All UK employers reportedly have a duty to prevent illegal working, however, employers aren’t currently required to carry out RTW checks on the self-employed or those contracted by an agency. For agency workers, the responsibility of confirming an individual’s immigration status and their eligibility to work in the UK falls to the company providing the labour.

The government has identified this as a significant gap in the labour market whereby sectors such as construction, food delivery, beauty salons and courier services are engaging workers without the responsibility to complete right to work checks. If amended, the legislation would extend the civil penalty regime to gig economy workers and zero-hours contract staff, regardless of their employment status.

Shara Pledger - immigration law expert at Pinsent Masons - said, “This change is the most major update to the scope of RTW checks in some time. This is going to make it very difficult for employers who rely on agency and gig economy workers. Rather than being able to trust the agency or the worker, they will now need to conduct their own checks. This comes with additional time, cost, admin and data security considerations.”

Ms Pledger added that the amendment would be particularly relevant to agencies when managing staff absences. Some companies might find this prohibitive, she said. “For example, if you have an agency providing assistance on an infrastructure project, someone is unwell and they need to bring someone else in – they can't just show up with a new worker. The full RTW process and record keeping associated with it needs to be done.”

The change will affect all gig economy workers in the UK - potentially up to half a million people - according to estimates by the Chartered Institute of Personnel and Development (CIPD). Further guidance on what the changes will mean for the sector will reportedly be issued at a later date.

It is not yet clear how the measures will operate in practice; however, Ms Pledger stated that the change could significantly increase the compliance burden for employers. “The Home Office perspective is that this will reduce illegal work, but in many instances, this is just doubling the work. Agencies will need to do checks and then the employer using the agency has to do their own in addition,” she said.

The Home Office reportedly issued 1,508 civil penalty notices concerning illegal working, between July 5, 2024, and March 22, 2025, with employers facing fines of up to £60,000 per illegal worker.

Source: Pinsent Masons

(Links and quotes via original reporting)

In the UK, experts say a proposed amendment to extend right to work checks to gig economy and agency workers could mark a significant change for employers, Pinsent Masons reports.

The change has been proposed as part of the Border Security, Asylum, and Immigration Bill, which is currently under consideration by the House of Lords. It includes an amendment to the Immigration, Asylum, and Nationality Act 2006 to modify how right to work (RTW) checks are applied.

The proposal comes in the wake of the government’s March announcement that it would introduce tougher laws to crack down on illegal working. 

All UK employers reportedly have a duty to prevent illegal working, however, employers aren’t currently required to carry out RTW checks on the self-employed or those contracted by an agency. For agency workers, the responsibility of confirming an individual’s immigration status and their eligibility to work in the UK falls to the company providing the labour.

The government has identified this as a significant gap in the labour market whereby sectors such as construction, food delivery, beauty salons and courier services are engaging workers without the responsibility to complete right to work checks. If amended, the legislation would extend the civil penalty regime to gig economy workers and zero-hours contract staff, regardless of their employment status.

Shara Pledger - immigration law expert at Pinsent Masons - said, “This change is the most major update to the scope of RTW checks in some time. This is going to make it very difficult for employers who rely on agency and gig economy workers. Rather than being able to trust the agency or the worker, they will now need to conduct their own checks. This comes with additional time, cost, admin and data security considerations.”

Ms Pledger added that the amendment would be particularly relevant to agencies when managing staff absences. Some companies might find this prohibitive, she said. “For example, if you have an agency providing assistance on an infrastructure project, someone is unwell and they need to bring someone else in – they can't just show up with a new worker. The full RTW process and record keeping associated with it needs to be done.”

The change will affect all gig economy workers in the UK - potentially up to half a million people - according to estimates by the Chartered Institute of Personnel and Development (CIPD). Further guidance on what the changes will mean for the sector will reportedly be issued at a later date.

It is not yet clear how the measures will operate in practice; however, Ms Pledger stated that the change could significantly increase the compliance burden for employers. “The Home Office perspective is that this will reduce illegal work, but in many instances, this is just doubling the work. Agencies will need to do checks and then the employer using the agency has to do their own in addition,” she said.

The Home Office reportedly issued 1,508 civil penalty notices concerning illegal working, between July 5, 2024, and March 22, 2025, with employers facing fines of up to £60,000 per illegal worker.

Source: Pinsent Masons

(Links and quotes via original reporting)