Watchtower/Law library/Right to work checks: an employer's guide/Scope
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Right to work checks: an employer's guide · Scope

Scope

employer s guide to right to work checks 1 october 2026 chunk 133 · in force: unknown

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Scope

Which non-traditional working arrangements are now in scope?
The Right to Work Scheme has been extended to include working arrangements such as worker’s contracts, individual subcontracting arrangements and certain online matching services.
The Scheme applies according to the objective features of the working arrangement, rather than the label given to it. Organisations should therefore consider the nature of the contractual arrangement and the work or services being provided.
This guidance includes illustrative scenarios, including examples titled ‘Worker’s contract’, ‘Individual sub-contractor’ and ‘Online matching service’ which demonstrate how the relevant principles may apply in practice.
Does the definition of “worker’s contract” mirror the definition of “worker” in the Employment Rights Act 1996?
The definitions and legal tests should not be assumed to be identical, and an employment-law status assessment cannot automatically be relied upon to determine whether a right to work check is required. Employers should assess whether an arrangement falls within scope of the Scheme rather than assume an employment-law determination is conclusive.
Would someone in scope of IR35 automatically require a right to work check?
Not necessarily. An IR35 determination is a tax assessment and does not determine right to work checking responsibilities under the scheme.
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Can a personal service company itself be an employer for the purposes of the scheme?
The use of a personal service company does not, in itself, determine whether an arrangement falls within scope of the Right to Work Scheme.
The position will depend on the nature of the arrangement and whether the relevant conditions of the Scheme are met. An organisation should not therefore assume that an arrangement is either in or out of scope solely because a personal service company is used.
Are all contractors, freelancers or consultants engaged via a Personal Service Company (PSC) excluded?
No. There is no blanket exclusion simply because a worker is described as a contractor, freelancer or consultant, or provides services through a PSC.
The starting point is the substance of the arrangements and how they operate in practice. The examples in the guidance illustrate how the relevant principles may apply to different arrangements and should be considered alongside the circumstances of the particular arrangement.
Is the provision of workers or personnel the key factor in determining whether a contract falls within scope?
The provision of workers or personnel is not, by itself, determinative. Whether responsibilities arise will depend on the relevant legislative provisions, the particular contractual arrangements and how those arrangements operate in practice.
What is the distinction between buying a service for a business’s own use and using it to fulfil a contract with a third-party?
The key distinction is between an organisation purchasing work or services for its own use or operations, and an organisation that is itself contracted to provide work or services to a third party and uses another person or organisation to fulfil all or part of that obligation.
Whether the extended liability provisions apply will depend on the contractual arrangements and whether the relevant conditions set out in the legislation are met.
Are contracts for services provided for a customer’s own use or consumption outside scope?
The extended liability provisions do not apply solely where a client, customer or end user purchases work or services for its own use or internal operations and is not responsible for providing those services onwards to a third party.
Are contracts for services between two corporate entities outside scope?
The fact that a contract is between two corporate entities does not, by itself, take an arrangement outside scope. Such arrangements will not necessarily give rise to right
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to work checking responsibilities; however, the extended liability provisions may apply in certain circumstances.
Does the new regime apply to agency workers if the agency currently carries out the checks?
Full captured verbatim text
Which non-traditional working arrangements are now in scope?

The Right to Work Scheme has been extended to include working arrangements such
as worker’s contracts, individual subcontracting arrangements and certain online
matching services.

The Scheme applies according to the objective features of the working arrangement,
rather than the label given to it. Organisations should therefore consider the nature of
the contractual arrangement and the work or services being provided.

This guidance includes illustrative scenarios, including examples titled ‘Worker’s
contract’, ‘Individual sub-contractor’ and ‘Online matching service’ which demonstrate
how the relevant principles may apply in practice.

Does the definition of “worker’s contract” mirror the definition of “worker” in
the Employment Rights Act 1996?

The definitions and legal tests should not be assumed to be identical, and an
employment-law status assessment cannot automatically be relied upon to determine
whether a right to work check is required. Employers should assess whether an
arrangement falls within scope of the Scheme rather than assume an employment-law
determination is conclusive.

Would someone in scope of IR35 automatically require a right to work check?

Not necessarily. An IR35 determination is a tax assessment and does not determine
right to work checking responsibilities under the scheme.

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Can a personal service company itself be an employer for the purposes of the
scheme?

The use of a personal service company does not, in itself, determine whether an
arrangement falls within scope of the Right to Work Scheme.

The position will depend on the nature of the arrangement and whether the relevant
conditions of the Scheme are met. An organisation should not therefore assume that
an arrangement is either in or out of scope solely because a personal service company
is used.

Are all contractors, freelancers or consultants engaged via a Personal Service
Company (PSC) excluded?

No. There is no blanket exclusion simply because a worker is described as a
contractor, freelancer or consultant, or provides services through a PSC.

The starting point is the substance of the arrangements and how they operate in
practice. The examples in the guidance illustrate how the relevant principles may apply
to different arrangements and should be considered alongside the circumstances of
the particular arrangement.

Is the provision of workers or personnel the key factor in determining whether
a contract falls within scope?

The provision of workers or personnel is not, by itself, determinative. Whether
responsibilities arise will depend on the relevant legislative provisions, the particular
contractual arrangements and how those arrangements operate in practice.

What is the distinction between buying a service for a business’s own use and
using it to fulfil a contract with a third-party?

The key distinction is between an organisation purchasing work or services for its own
use or operations, and an organisation that is itself contracted to provide work or
services to a third party and uses another person or organisation to fulfil all or part of
that obligation.

Whether the extended liability provisions apply will depend on the contractual
arrangements and whether the relevant conditions set out in the legislation are met.

Are contracts for services provided for a customer’s own use or consumption
outside scope?

The extended liability provisions do not apply solely where a client, customer or end
user purchases work or services for its own use or internal operations and is not
responsible for providing those services onwards to a third party.

Are contracts for services between two corporate entities outside scope?

The fact that a contract is between two corporate entities does not, by itself, take an
arrangement outside scope. Such arrangements will not necessarily give rise to right

76

to work checking responsibilities; however, the extended liability provisions may apply
in certain circumstances.

Does the new regime apply to agency workers if the agency currently carries
out the checks?

What this provision means

Model summary, checked against the text on the left.

Relevance to Signicat: 2/3 · detailed summary (L4) Status: ok · Stored artifact; current recipe verification unavailable

Employers must assess the objective features of non-traditional working arrangements to establish whether Right to Work Scheme obligations apply.

The Right to Work Scheme has been extended to include working arrangements such as worker’s contracts, individual subcontracting arrangements and certain online matching services.
The extended liability provisions do not apply solely where a client, customer or end user purchases work or services for its own use or internal operations and is not responsible for providing those services onwards to a third party.
The Right to Work Scheme extends to non-traditional working arrangements, including worker's contracts, individual subcontracting arrangements, and certain online matching services. Applicability depends on the objective features and contractual substance of the arrangement rather than labels, employment-law status under the Employment Rights Act 1996, IR35 tax determinations, or whether a personal service company, contractor, freelancer, or consultant label is used. Extended liability provisions distinguish between purchasing services for internal use and using contractors to fulfil obligations to a third party.
checks.right_to_work

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Verification findings (273)

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Instrument tier unavailable

Change history as published

Final employer RTW guidance added for 1 October, · 2026-10-01T08:30:15Z

Updated DRAFT: Employer’s guide to right to work checks. · 2026-09-11T11:06:55Z

The guidance has been updated. · 2026-07-16T13:45:35Z

Updated Welsh version of guidance. · 2025-07-31T16:20:26Z

An accessible version of the guidance has been added. · 2025-07-10T12:10:44Z

This guide has been updated throughout. The most significant updates are a simplification of the content, a revision of terminology and further clarification that expired physical Biometric Residence Permits (BRPs) are not acceptable proof of right to work. · 2025-06-26T09:27:22Z

Updated the employers' guide to right to work checks. A full list of changes can be found in the guidance. · 2025-02-12T12:58:39Z

Added Welsh version of guidance. · 2024-12-23T16:21:21Z

Added an accessible version. · 2024-11-13T15:28:00Z

Employer's guide to right to work checks has been updated. · 2024-09-23T11:39:40Z

An accessible version of this guidance has been added. · 2024-07-02T08:34:56Z

This guidance has been updated throughout. A full list of changes is on page 7. · 2024-06-21T08:30:03Z

Accessible version updated. · 2024-02-09T09:18:10Z

Guidance updated, changes are detailed on page 6. · 2024-02-08T16:18:08Z

Guidance updated, changes include removing the requirement for employers to verify a digital Certificate of Application (CoA) with the Home Office Employer Checking Service (ECS) when conducting a right to work online check involving an outstanding EU Settlement Scheme application made on or after 1 July 2021. Also the removal of reference to Immigration Enforcement 28-day notices in respect of EEA citizens and their non-EEA family members which are no longer in use. · 2023-10-18T16:39:14Z

The adjustments to right to work checks introduced on 30 March 2020 as part of the response to COVID-19 ended on 30 September 2022. · 2023-03-28T09:05:48Z

Updated to the latest version of the guidance. · 2023-02-28T16:47:10Z

Updated information for employers carrying out right to work checks from 1 October. · 2022-09-27T13:26:25Z

Added accessible version of employer's guide to right to work checks: 6 April 2022 and Ukrainian nationals and right to work checks. · 2022-04-27T09:46:34Z

New Ukrainian nationals and right to work checks guide added. · 2022-04-12T16:00:06Z

Added new version of right to work checks: an employer's guide, which came into force on 6 April 2022. A summary of the changes can be found in the guide. · 2022-04-06T13:20:57Z

Added draft version of guidance which will come into force on 6 April 2022. · 2022-03-11T16:20:10Z

Added web version of the employer's guide. · 2022-02-15T08:09:53Z

Update on the use of BRP/Cs to prove right to work. Guidance for employers and Identity Service Providers (IDSPs) regarding the use of digital identity verification. · 2022-01-17T16:20:42Z

Updated guide to highlight changes for EEA Citizens and non-EEA family members without lawful immigration status after 30 June 2021, and added Annex E describing changes for biometric card holders. · 2021-12-17T10:18:18Z

Changes to the way those with outstanding applications to the EUSS evidence their right to work and changes to the lists of acceptable documents: a) removal of duplication from list B, group 1, no.5; b) amendment to list B, group 2, no.2 c) addition at list B, group 2, no.5. Extension to the COVID-19 temporary adjusted right to work checking process. · 2021-08-31T12:07:50Z

Guidance updated with changes to the acceptable document list. Amendments also made to the section on ‘Outstanding UK EU Settlement Scheme applications made up to and including 30 June 2021’ and ‘EEA citizens without lawful immigration status after 30 June’. · 2021-07-02T15:42:07Z

Guidance updated with changes to the way EEA citizens evidence their right to work. · 2021-06-18T14:13:30Z

Updated to provide further guidance for employers on right to work checks for EEA and Swiss nationals during the grace period (1 January to 30 June 2021). · 2021-03-17T00:15:02Z

Updated guidance includes information on right to work checks for EEA and Swiss nationals during the grace period (1 January to 30 June 2021). · 2020-12-21T11:41:36Z

Because of coronavirus (COVID-19) there are temporary changes to the way you can check documents. Added a link to guidance about the adjusted process. · 2020-04-06T11:50:05Z

Updated to add 28 January 2019 edition · 2019-01-28T09:02:15Z

Attached updated guidance. · 2018-06-29T10:23:57Z

Updated guidance. · 2017-08-16T15:00:22Z

Updated guidance. · 2016-07-12T10:11:57Z

Updated guidance on right to work checks. · 2015-05-12T15:50:18Z

Updated guide · 2014-12-22T16:13:05Z

Updated right to work document · 2014-12-17T00:00:01Z

added link to new online employer checking service form · 2014-11-24T16:08:21Z

Updated guidance, 28/07/2014. · 2014-07-29T15:55:07Z

First published. · 2014-05-15T23:00:00Z

Pending effects amendments not yet applied to this text

No captured pending effects.

Provenance

Every claim the system makes about this text is traceable to these identifiers.

Instrument
uk:govuk/right-to-work-employers-guide
Part
Scope
Version
47492d45c85668bb5f9c734b…
Content hash
sha256 089a52c313c6e75c9312391b…
Source
gov.uk/government/publications/right-to-work-checks-employers-guide