11th November 2025 | Nelli Shevchenko | Immigration, Right to work checks, Home Office

Overview

The Home Office has launched a public consultation proposing to expand the Right to Work Scheme to cover individuals working outside traditional employment relationships. If adopted, this would bring significant compliance changes for businesses engaging self-employed contractors, gig workers and casual labour.

The proposals sit within the government’s Plan for Change and the forthcoming Border Security, Asylum and Immigration Bill, aimed at strengthening enforcement and preventing illegal working across all sectors.

What Is Changing?

Currently, the obligation to conduct right to work checks applies primarily to employees engaged under contracts of employment. Under the new proposals, this responsibility would extend to those who:

  • Work under casual or zero-hours arrangements;
  • Provide services as self-employed contractors or freelancers;
  • Are engaged through sub-contracting or outsourcing models; or
  • Operate via digital or gig-economy platforms.

Businesses in sectors such as construction, logistics, hospitality, healthcare, tech startups, and delivery services are expected to be most affected.

Failure to complete checks could result in the same civil penalties (up to £60,000 per individual) and criminal sanctions that currently apply to employers.

Why the change?

The government argues that the current regime leaves a gap that allows some businesses to use flexible labour without verifying immigration status. Extending the duty to all working arrangements aims to ensure fairness across sectors and prevent illegal working through third-party or platform-based engagements.

This is also a step toward the government’s long-term vision of a digital right to work system, eventually supported by a universal digital ID (a “BritCard”) expected later this decade.

Consultation details

The six-week consultation runs until 10 December 2025. Employers and business groups are encouraged to share their views on how the new system should operate in practice, including guidance and codes of practice to support implementation.

You can complete the questionnaire online or return the downloadable version from the website here to: righttorentandrighttowork@homeoffice.gov.uk

The responses are accepted by 11:59 pm on 10 December 2025.

Key takeaways

  • The extension of right to work duties will significantly increase compliance obligations for businesses engaging non-employee labour.
  • Home Office enforcement activity has already risen sharply, with illegal working visits up by more than 50% this year.
  • Now is the time to review processes, update training, and ensure readiness for further reforms expected in 2026.

What your HR and Global Mobility teams should do

This is the time to prepare and participate. HR and Global Mobility teams should:

  1. Review existing onboarding and vetting processes for all non-employee workers.
  2. Identify potential risk areas in supply chains or outsourced arrangements.
  3. Respond to the Home Office consultation by 10 December 2025 to help shape practical guidance for business; or contact Sherrards to provide your views as part of the wider consultation respond we are submitting on behalf of our clients.
  4. Seek professional advice on implementing consistent right to work procedures across all workforce categories.

How Sherrards can help

At Sherrards, our specialist UK Immigration Team advises employers, HR professionals and compliance officers on all aspects of immigration and right to work duties.

We provide:

  • Comprehensive compliance reviews and audit support;
  • Tailored training for HR and recruitment teams;
  • Advice on implementing digital right to work processes; and
  • Ongoing support for sponsor licence management and Home Office visits.

To discuss how these proposed changes may impact your business, please contact us here.

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