New right to work rules are now in force. The updated Home Office code, the official guide to right to work checks, came into effect on 1 October 2026 and introduces some of the most significant changes to the regime in recent years. It expands right to work obligations beyond traditional employees, clarifies responsibility in complex labour supply arrangements, and updates the requirements for digital checks.
If you hire through supply chains, use freelancers, or run digital checks, these changes affect you. Here's what's new, why it matters, and what you can do next.
What's changed and when
The new code took effect on 1 October 2026. It includes four main updates:
An expanded scope for right to work checks - extending the illegal working regime beyond employees to a broader range of working arrangements
Extended liability - a new framework for determining responsibility for illegal working where there is no traditional employer/employee relationship
New requirements for digital right to work checks - including additional information that must be included in digital verification reports
Wider document acceptance - allowing recently expired UK and Irish passports and Irish passport cards to be used for certain digital checks
Note: these changes apply only to working arrangements commencing on or after 1 October 2026.
Understanding extended liability
Traditional right to work rules assume a clear relationship between an employer and an employee. Today, many people work under different arrangements. Extended liability lets the Home Office look at exactly how a worker is engaged and deployed when there's no clear 'employer' in the usual sense.
This covers workers who:
Are supplied through a supply chain, where several organisations sit between the worker and the business where they work
Find assignments through an online matching service, such as an app or platform that connects workers with jobs
Work through a personal service company - a limited company that a freelancer sets up to contract their services
For many businesses, these flexible models help businesses find people for open vacancies quickly and affordably. The new code doesn't change that. It simply makes clear who's responsible for checking that each person has the right to work.
How the Home Office investigates supply chains
When illegal working comes to light and no clear employer exists, the Home Office examines the contractual chain and assesses which organisation(s) are responsible for the engagement and deployment of the worker.
Where it determines that one or more organisations are responsible, it can issue a civil penalty of up to £45,000 per worker for a first offence, and £60,000 per worker for repeat offences. The framework also includes potential criminal consequences for businesses knowingly employing illegal workers.
These figures make it worth taking a fresh look at your contracts and supply arrangements now, while there's time to put any gaps right.
Showing due diligence
The new code also sets out the practical steps you can take to demonstrate that you've acted responsibly and with due diligence. Following these steps won't just help you avoid penalties - it shows your organisation takes its legal obligations seriously. These include:
Written statements: Issue clear written statements to your supply chain partners that set out expectations and responsibilities for right to work checks.
Worker ID checks: Check the identity of the people who actually turn up to work, so you know they're the person who passed the right to work check.
Substitution arrangements: Some contracts let a worker send someone else in their place. Where your contracts allow this, put arrangements in place so you can confirm that any substitute also has the right to work.
As a practical next step, review your current supplier agreements and onboarding process against these three areas. Small changes today can save a lot of time and cost later.
Clarity for organisations using recruitment companies
The updated code provides welcome clarity for organisations that engage workers through recruitment companies. It confirms that where a recruitment business supplies workers, the client organisation will generally not fall within the scope of extended liability. Instead, the Home Office will assess the contractual arrangements and working relationship to determine which party or parties are responsible for carrying out right to work checks.
For organisations that rely on recruitment partners to source and supply workers, this provides greater certainty around responsibilities while reinforcing the importance of working with trusted suppliers that have robust compliance processes in place.
New requirements for digital check reports
Many employers now use a digital verification service provider (DVSP) to carry out right to work checks online. A DVSP is a Home Office-approved company that checks identity documents digitally.
From 1 October 2026, every DVSP result report must show:
The name of the organisation that carried out the check
Confirmation that the check followed the new Home Office code
A link to the list of approved DVSPs on the .gov website
When you receive a report, take a moment to check that it includes all three. If you keep reports on file, this is an easy way to show your checks meet the current standard.
For smaller teams juggling hiring alongside other responsibilities, digital checks offer a practical way to stay compliant without adding admin. Reed Screening's AssuredID is one example. It verifies identity and right to work entirely remotely, using document checks and facial biometrics, and most people complete it in under three minutes.
We've worked closely with the UK government on identity and right to work legislation and continually update our solution to reflect the latest requirements, giving you confidence that your checks remain compliant.
Checking recently expired passports
This change makes life easier for both you and the people you hire. From 1 October 2026, DVSPs can check UK passports, Irish passports, and Irish passport cards that expired up to six months ago.
Prior to this, DVSPs couldn't check any expired UK or Irish passports or cards. Now, a potential new hire with a recently expired passport can still complete a digital check, which helps keep your hiring moving.
What's next: hear directly from the Home Office
The best way to understand the new rules is to hear from the people who wrote them. Join Reed Screening’s free live webinar, 'Live event with Home Office and Sheridans', on 28 October 2026 to find out what these changes mean for your business.
You'll learn about the key changes, practical steps to stay compliant, and expert legal tips you can apply to your current hiring process. Register for the event.
