Right to Work Checks Are Changing on 1 October 2026: What UK Construction Organisations Need to Know

From 1 October 2026, UK right to work requirements will no longer stop with direct employees.

They will extend to people engaged under worker contracts and individual subcontractors, meaning construction businesses may need to look further into the subcontracting and labour supply chains they rely on to deliver projects.

For example:

Principal contractor → mechanical subcontractor → labour provider → pipefitters and plumbers

The pipefitters and plumbers may not be directly employed by the principal contractor, but they're still working on the project. Under the new requirements, right to work compliance and, in certain arrangements, civil penalty liability can extend beyond the direct employer.

For construction, this is a significant change. Civil penalties can reach £60,000 per illegal worker where the relevant right to work requirements have not been met.

The changes are being introduced through the Border Security, Asylum and Immigration Act 2025 and will require stronger controls around subcontractor onboarding, contracts, record keeping, and identity verification. Preparation needs to happen before workers arrive on site, with appropriate checks and controls maintained throughout the engagement and evidence retained in case it's requested by the Home Office.

Contractual controls that need to be in place before work begins

Principal contractors don't automatically become responsible for completing every right to work check simply because labour has been engaged through multiple subcontracting arrangements. However, where extended liability applies, they may need to demonstrate that prescribed controls were established throughout. Meeting those requirements can establish a statutory excuse, protecting the business from a civil penalty if illegal working is later identified.

A prescribed right to work check can be completed through a manual document check, the Home Office online service, or a registered Right to Work Digital Verification Service Provider, depending on the worker.

The draft Employer's Guide also states that, for extended liability, the written contractual term should:

• require the business supplying the labour or services to complete prescribed right to work checks;
• require written consent before the work is subcontracted again;
• carry equivalent right to work requirements into any approved subcontracting arrangement;
• allow compliance audits;
• provide for action where illegal working is identified; and
• require cooperation with a Home Office investigation.

These provisions help establish how labour can be supplied, the controls that apply where work is subcontracted, and the information that must be available if compliance concerns arise.

Verifying that the right person is on site

Completing the prescribed right to work check isn’t the end of the process. Organisations need to prove that the person arriving on site is the same individual whose right to work has been verified. Workplace passes, site access hardware, and biometric verification can all form part of those controls.

Evidence needs to show the controls were followed

If illegal working is identified, written policies alone won't be enough. Organisations need to be able to demonstrate that the required controls operated as intended and provide evidence of compliance if requested.

Evidence may include:

• contracts, agreements, and subcontracting terms;
• audit records;
• assurance information showing prescribed right to work checks were carried out;
• records of compliance reviews;
• records of approved worker replacements;
• details of who performed the work and when;
• identity verification records; and
• information showing how concerns were identified and acted upon.

How SIMPEL can support the process

SIMPEL can support the processes surrounding right to work compliance during worker onboarding and throughout the engagement. It does not replace the prescribed legal check itself.

Prequalification before inductions and entry

SIMPEL’s Prequalification capability provides a point to vet consultants and subcontractors before they progress to site. Subcontractors can approve prequalification for their own workers before submissions progress to the main contractor for induction. Responsibility for right to work assurance sits with the employer engaging the worker, while the main contractor retains visibility across the full contracting chain, supporting compliance with the legislation.

Licences, insurances, certifications, and supporting documentation can be reviewed before engagement, with expired records or outstanding requirements identified before workers proceed to induction.

Site access can be restricted until prequalification and induction reviews have been completed.

Identity verification at site entry

Once work begins, SIMPEL’s site access technology can connect entry to an individual worker record. Biometric systems and access hardware can verify the person presenting at site, while time-stamped entry and exit records show when that worker attended the project.

When combined with turnstiles and other access control hardware, biometric verification can support automated gatekeeping. Workers who haven't completed required prequalification or induction requirements can be prevented from entering site, with notifications issued to managers for review and action.

Centralised records throughout

Compliance relies on being able to demonstrate what occurred, when it occurred, and who was involved. SIMPEL centralises prequalification records, inductions, worker information, supporting documentation, and site access activity within a single platform. Time-stamped records across these processes support evidence retention and simplify retrieval if information is requested during an audit or investigation. Beyond workforce compliance, SIMPEL also unifies document and drawing management, design reviews, safety, quality, site access, logistics, and reporting in one connected system.

Records remain connected to the worker, subcontractor, and project, providing a documented history from onboarding through to the worker's last attendance.