WHAT CHANGED
Right to Work changed October 2026: what contractors need to know
The scheme now covers wider working arrangements, including worker contracts and individual subcontractors. Extended civil-penalty liability can arise in certain non-direct contractual arrangements.
THE NEW CONTROL BURDEN
What changed on 1 October 2026?
On 1 October 2026, the Right to Work scheme expanded to wider working arrangements, including worker contracts and individual subcontractors. In certain non-direct contractual arrangements, civil-penalty exposure can extend upstream. The requirements depend on the arrangement and its timing; the direct employer retains responsibility for the prescribed check.
What is extended liability?
Extended liability can extend civil-penalty exposure beyond the employer with the direct contractual relationship with the worker. It depends on the contractual structure, the nature of the working arrangement and how it operates in practice; no single label or contract description determines the outcome.
01
Are contractual clauses enough?
No. The Home Office expressly states that organisations should not rely on contractual terms alone. They should be able to show that appropriate arrangements were operating effectively in practice.
02
Subcontracting controls
Where the prescribed requirements apply, prior written consent and equivalent downstream Right to Work obligations control further subcontracting.
03
Substitution controls
Where substitution is permitted, a substitute needs a prescribed Right to Work check and authorisation before carrying out the work.
04
Identity & evidence
Proportionate identity-verification systems connect the individual carrying out the work to the person whose Right to Work was checked.
For complex subcontracted workforces, that is a significant new administrative and assurance burden.
What the change means in practice
Contractual controls
Requirement
Where applicable, a written statement must address prescribed checks, consent before further subcontracting, equivalent downstream obligations, audit rights, enforcement action and Home Office investigation co-operation.
CrewDiligence
CrewDiligence records subcontractor declarations, project associations and the controls that need to flow down the supply chain.
Subcontracting
Requirement
Further subcontracting may need to be controlled and equivalent obligations passed downstream.
CrewDiligence
The platform records the organisation chain and links each subcontractor to the relevant project and approval status.
Substitutions
Requirement
Where substitution is permitted, prescribed checks and effective substitution controls must operate before the substitute carries out work.
CrewDiligence
Worker allocations and substitution events are recorded against the project, allowing exceptions to be identified immediately.
How often should identity be reverified?
Requirement
Where identity verification requirements apply, systems must be proportionate to the risk and operating model. The Home Office recommends re-verification at least once in any 24-hour period or shift of work. This concerns identity verification, not a daily repeat of the original prescribed Right to Work check.
CrewDiligence
Site teams can record attendance and check allocation status. Physical identity matching depends on a site procedure and a recorded comparison with the approved worker.
Evidence
Requirement
A statutory excuse depends on meeting the prescribed requirements relevant to the contractual arrangement and being able to evidence compliance.
CrewDiligence
Organisation, project, worker, attendance and assurance records are brought together into a structured evidence trail.
OPERATIONAL READINESS
What evidence may matter?
Evidence may include agreements and terms, audit records, assurance information, compliance reviews, substitution records, identity-verification records and records showing how concerns were identified and acted upon.
01
Who remains responsible for the prescribed Right to Work check?
The direct employer remains responsible for the prescribed Right to Work check. Where extended liability applies, an upstream organisation seeking a statutory excuse must meet the relevant prescribed requirements and demonstrate that contractual, substitution and identity controls were in place and operating effectively.
02
When does extended liability apply?
It depends on the contractual structure and how the arrangement operates in practice. The prescribed extended-liability requirements apply to relevant contractual arrangements entered into on or after 1 October 2026. Earlier arrangements are not brought into scope solely because work continues afterwards; renewals or variations depend on their legal effect.
EXTENDED LIABILITY ASSESSMENT
See how your current controls compare.
Review your contractual chain, substitutions, identity assurance and evidence. Start with the Extended Liability Assessment.
Assess your exposure →IMPORTANT DISTINCTION
Can an upstream contractor rely on subcontractor assurances?
Assurances can form part of the evidence where reasonable steps have been taken to satisfy the upstream organisation that they are reliable and the prescribed requirements are being met. CrewDiligence does not replace prescribed Right to Work checks or legal duties. The direct employer retains checking responsibility; extended liability does not automatically transfer it upstream.
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