The Government has confirmed right to work checks will be extended from 1 October 2026 to include casual or temporary workers, subcontractors and agency workers supplied through contractual chains. Employers have the following options for ensuring an individual has the right to work in the UK:
- Use a certified digital identity service provider to conduct digital checks on any individual who has either a valid British or Irish Passport (or Irish Passport Card). The employer must still confirm that the individual presenting for work is the same as whose identity has been verified, which can be done via video call.
- Conduct an online check via the Home Office online service where an individual has been provided with an eVisa or is providing certain other documentation. An employer can also use the Employer Checking Service in specific circumstances, for example where an individual has an outstanding application or appeal with the Home Office.
Conduct in‐person manual document‐based checks, where the employer has to physically obtain, check and copy ‘acceptable documents’ from the prospective employee. It should be noted that a driving licence is not an acceptable document.
The Government has confirmed that it will issue further guidance in due course, and Build UK members are advised to identify who among their staff will fall within the extended right to work scope and start reviewing contracts and processes. Employers conducting right to work checks in accordance with the Home Office guidance will be provided with a ‘statutory excuse’, which protects them from liability if they are later found to be employing someone illegally. Without a statutory excuse, employers face significant penalties, which could be up to a maximum of £60,000 per worker.