FIS is reminding members of the importance of carrying out correct Right to Work checks, as the Government continues to step up immigration enforcement across the UK, with construction identified as a priority sector.

According to the Home Office, arrests for illegal working are now at a record high. This increase in enforcement activity means employers must be confident that their processes for checking an individual’s right to work in the UK are compliant and up to date.

What Employers Can Do

There are three accepted routes for carrying out Right to Work checks, depending on the individual’s status and documentation:

Digital checks via a certified Identity Service Provider (IDSP)

Employers can use an approved digital identity service to check individuals holding a valid British or Irish passport (or Irish passport card). Employers must still confirm that the person presenting for work matches the verified identity, which can be done via a video call.

Online checks using Home Office services

Where an individual holds an eVisa or certain other documentation, checks can be completed using the Home Office online service. In specific circumstances, such as where an application or appeal is outstanding, employers can use the Employer Checking Service.

In-person manual document checks

Employers may also conduct manual checks by physically obtaining, checking and copying acceptable documents. However, FIS highlights that not all commonly presented documents are valid. A Home Office report found that 70% of construction employers incorrectly accept a driving licence, which is not an acceptable Right to Work document.

Why This Matters

Employers who carry out Right to Work checks correctly, in line with Home Office guidance, gain a statutory excuse, protecting them from liability if an individual is later found to be working illegally.

Without this protection, employers face significant financial risk, with civil penalties of up to £60,000 per worker.

FIS encourages all members to review their Right to Work procedures, ensure managers are properly trained, and seek professional advice where there is any uncertainty. Getting this right is critical to protecting your business, workforce and reputation.

The Building Safety Regulator (BSR) has published its latest data on Gateway Two applications, covering the period 25 November to 22 December 2025, showing continued progress in addressing the backlog of applications and the work of the new Innovation Unit. While this is a positive step, the data highlights ongoing challenges that remain highly relevant for specialist contractors operating in the finishes and interiors sector.

Gateway Two – Progress and Ongoing Challenges

During this reporting period, the BSR made 347 decisions across all application types, bringing the total number of decisions since 29 September 2025 to 727.

For applications submitted under the previous Gateway Two model, the approval rate has increased to 83%, up from 73% in the previous reporting period, with a further 20 approvals issued. This improvement is welcome, particularly for projects that have experienced delays due to regulatory bottlenecks.

However, there remain 40 ‘legacy’ new build applications awaiting determination. While the BSR had intended to reduce this figure to just three by the end of 2025, progress has been slower than anticipated. In parallel, the Innovation Unit is now managing 102 live new build applications.

Of particular concern to FIS members is that 48% of applications assessed by the Innovation Unit to date have been deemed invalid, largely due to incomplete or missing documentation. This reinforces the importance of early engagement, coordinated design development and robust information management across the supply chain, areas where fit-out contractors are increasingly exposed to risk despite having limited control over upstream processes.

FIS continues to highlight the need for clearer guidance and better alignment between design responsibility, product specification and installation requirements. Members are reminded that Build UK’s Gateway Two guidance clearly sets out the information required for applications relating to both new and existing Higher-Risk Buildings (HRBs), and early awareness can help avoid costly delays.

New Fire Safety Regulations – PEEPs from April 2026

The Government has also published guidance to support the Fire Safety (Residential Evacuation Plans) (England) Regulations, which will come into force on 6 April 2026.

The regulations require Responsible Persons to develop and implement Residential Personal Emergency Evacuation Plans (PEEPs) for residents who may need assistance in an emergency. This applies to:

• All high-rise residential buildings, and
• Medium-rise buildings where an evacuation strategy is in place.

For the finishes and interiors sector, this has implications for design coordination, fire compartmentation, door sets, signage, and other life safety systems that form part of the internal fit-out. FIS will continue to review the guidance and highlight any practical implications for members involved in residential work.

New Government Communications on Building Safety

The Ministry of Housing, Communities and Local Government (MHCLG) has announced the launch of a quarterly Building Safety Newsletter, which will provide updates on legislation, guidance and remediation progress. Members can sign up to receive the newsletter directly and stay informed as the regulatory framework continues to evolve.

Call for Experts – Construction Products Regulation

The Office for Product Safety and Standards (OPSS), now the national regulator for construction products, is seeking experts to join its Register of Specialists. The register will be used to commission ad-hoc scientific and technical work to support regulatory activity.

Professionals with expertise in:

• Fire science
• Materials science
• Civil and structural engineering
• Related technical disciplines

are encouraged to apply. This is a valuable opportunity for experienced specialists within the finishes and interiors supply chain to contribute directly to shaping product regulation and enforcement.

FIS Support

FIS continues to engage directly with regulators, government departments and industry partners to ensure that the voice of specialist contractors is heard. We recognise that regulatory delays, unclear guidance and shifting responsibilities place disproportionate pressure on the fit-out sector.

Members with concerns relating to Gateway approvals, documentation requirements, or the practical application of new building safety guidance are encouraged to contact the FIS technical team for support.

This week FIS CEO, Iain McIlwee was asked to lead a workshop session at the Building Safety Regulator’s Industry Competence Committee (ICC) meeting.  The aim was to help those who are leading reform to the regulatory environment to gain an understanding of the issues/challenges that exist for subcontractors and consider how they can address these barriers to improving competence.  Iain was supported in this by Ruth Devine, President of the Electrical Contractors Association (ECA). 

Iain framed the session around the four core risks of contracting; design, time, cost and cash.   Within this he talked about the impact of contract amendments and commonly adopted procurement and payment practices.  The case was made that this is not aligning to the requirements of the new regulatory framework that is demanding a focus on duty and framed around “sufficient time and resource”. 

Iain also touched on the Responsible No approach and how this relies on a responsible response from the client.    In addition to legislative levers, Iain raised concerns about insurance how behaviours upstream are being driven by insurability of risk that is leaving gaps and adding to the pressure on contractors.

A copy of the presentation is available here. As ever we welcome your comments.

FIS also raise concerns with new Chief Construction Adviser

At a separate meeting of Build UK members this week, Iain was also able to address the new Chief Construction Adviser, Thouria Istephan.  Iain again raised concerns about the design process and asked how, in her new role, Thouria is engaging with the insurance industry to support a more responsible approach to managing risk from the outset of a project and making sure risk is fairly apportioned.

Find more about the FIS Responsible No campaign and the work FIS is doing to encourage responsible and compliant construction here.

FIS and The International Powered Access Federation (IPAF) have agreed a reciprocal membership, strengthening collaboration between the two organisations and supporting safer working practices across the construction and interiors sectors.

Through the arrangement, FIS members will gain access to IPAF guidance documents, Toolbox Talks and safety resources, supporting improved understanding of safe powered access use when carrying out temporary work at height. In return, IPAF will become a member of FIS, recognising its expertise and leadership within the finishes and interiors sector.

The agreement reflects a shared commitment to collaboration, evidence-based safety improvement, and recognising subject matter expertise across the construction industry, rather than duplicating guidance or resources.

Peter Douglas, CEO and Managing Director of IPAF, said:

“FIS approached IPAF to request more detailed accident data relating specifically to construction activities, recognising that many of their members regularly use smaller MEWPs such as push-around verticals and scissor lifts. By preparing a tailored report highlighting relevant accident statistics and learning points, we were able to support the FIS in better understanding the risks affecting their sector. This reciprocal membership is a positive example of how trade bodies can work together, by sharing data, guidance, and expertise to improve safety outcomes and ensure consistent, informed messages reach the workforce. I am looking forward to further collaboration in 2026.”

Iain McIlwee, CEO of FIS, said:

“The FIS Health and Safety Group had a busy year in 2025 as the work we do comes under ever closer scrutiny.  Our role in this is to help members develop a clear and consistent approach to safety.  This is particularly significant given the sector’s need to lean into contingent working and the impact this has on how people move around the sector.  In trying to provide holistic support, we need to consider all aspects of H&S.  Trying to do that on our own would be an impossibility.  When we reached out to IPAF the response was generous, rapid and comprehensive.  This kind of collaboration is critical – none of us have all the answers, but when we work together we can start to answer the many questions that specialists and their advisors have.  As the questions come in, the guidance will evolve and so, it was the obvious next step to structure our relationship so that together we can better support the sector in keeping people safe.”