Watchtower/Law library/Right to work checks: an employer's guide/Examples of contractual arrangements...
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Right to work checks: an employer's guide · Examples of contractual arrangements not in scope

Examples of contractual arrangements not in scope

employer s guide to right to work checks 1 october 2026 chunk 80 · in force: unknown

Captured source text (L5)

Examples of contractual arrangements not in scope

Example 11: Purchasing a service for own use
A retailer enters into a contract with a facilities management company to provide cleaning services at its supermarket premises across a geographical region of the UK. The facilities management company employs the cleaners who carry out the work.
The facilities management company is contracted to deliver a defined cleaning service to the retailer and employs the cleaners who carry out the work.
The retailer is purchasing cleaning services for its own business operations and is not responsible for providing those services onwards to a third party as part of a contractual chain.
Although the facilities management company is delivering a service rather than simply supplying labour, the contractual arrangement does not involve the retailer providing or arranging work or services onwards as part of another contractual arrangement.
The extended liability provisions therefore do not apply to the retailer.
Responsibility for the prevention of illegal working and liability for payment of a civil penalty in the event of illegal working, remains with the facilities management company as the employer of the cleaners.
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Example 12: Use of agency workers
A manufacturing company experiences increased demand and obtains temporary production workers from an employment business to support production at its factory. The workers undertake roles within the manufacturing company’s day-to- day operations and are integrated into its workforce for the duration of the assignment.
The manufacturing company is obtaining workers for use within its own business operations and is not responsible for providing the work or services onwards to a third party as part of a contractual chain.
The role of the employment business is limited to the supply of workers rather than being under a contract to provide work or services. The extended liability provisions therefore do not apply to the manufacturing company or the employment business.
Responsibility for the prevention of illegal working and liability for payment of a civil penalty in the event of illegal working, remains with the employment business as the employer of the workers whilst they are on this assignment.
Example 13: Supplying goods
A food producer enters into a contract with a retailer to supply sandwiches to be sold in their shops. The food producer uses an employment business to provide temporary workers to work in their factories that produce the sandwiches.
The food producer is supplying finished goods to the retailer and is not under a contract to provide or arrange work or services for the retailer.
Although the food producer obtains workers from an employment business to support its operations, those workers are engaged in the production of goods as part of the food producer’s own business operations.
The role of the employment business is limited to the supply of workers rather than being under a contract to provide work or services.
The extended liability provisions therefore do not apply to the food producer or the employment business.
Responsibility for the prevention of illegal working and liability for payment of a civil penalty in the event of illegal working, remains with the employment business as the employer of the workers whilst they are on this assignment.
47
Example 14: Food ordering platform
A food ordering and delivery platform provides technology and ordering services to a fast-food takeaway, enabling customers to place orders online through the platform’s app. The takeaway uses its own delivery staff to prepare and deliver customer orders.
The platform is providing technology and ordering services but is not engaging the workers who carry out the deliveries.
The extended liability provisions therefore do not apply to the platform.
Responsibility for the prevention of illegal working and liability for payment of a civil penalty in the event of illegal working, remains with the fast-food takeaway as the employer of the delivery staff.
Full captured verbatim text
Example 11: Purchasing a service for own use

A retailer enters into a contract with a facilities management company to provide
cleaning services at its supermarket premises across a geographical region of the
UK. The facilities management company employs the cleaners who carry out the
work.

The facilities management company is contracted to deliver a defined cleaning
service to the retailer and employs the cleaners who carry out the work.

The retailer is purchasing cleaning services for its own business operations and is
not responsible for providing those services onwards to a third party as part of a
contractual chain.

Although the facilities management company is delivering a service rather than
simply supplying labour, the contractual arrangement does not involve the retailer
providing or arranging work or services onwards as part of another contractual
arrangement.

The extended liability provisions therefore do not apply to the retailer.

Responsibility for the prevention of illegal working and liability for payment of a
civil penalty in the event of illegal working, remains with the facilities management
company as the employer of the cleaners.

46

Example 12: Use of agency workers

A manufacturing company experiences increased demand and obtains temporary
production workers from an employment business to support production at its
factory. The workers undertake roles within the manufacturing company’s day-to-
day operations and are integrated into its workforce for the duration of the
assignment.

The manufacturing company is obtaining workers for use within its own business
operations and is not responsible for providing the work or services onwards to a
third party as part of a contractual chain.

The role of the employment business is limited to the supply of workers rather than
being under a contract to provide work or services. The extended liability
provisions therefore do not apply to the manufacturing company or the
employment business.

Responsibility for the prevention of illegal working and liability for payment of a
civil penalty in the event of illegal working, remains with the employment business
as the employer of the workers whilst they are on this assignment.

Example 13: Supplying goods

A food producer enters into a contract with a retailer to supply sandwiches to be
sold in their shops. The food producer uses an employment business to provide
temporary workers to work in their factories that produce the sandwiches.

The food producer is supplying finished goods to the retailer and is not under a
contract to provide or arrange work or services for the retailer.

Although the food producer obtains workers from an employment business to
support its operations, those workers are engaged in the production of goods as
part of the food producer’s own business operations.

The role of the employment business is limited to the supply of workers rather than
being under a contract to provide work or services.

The extended liability provisions therefore do not apply to the food producer or the
employment business.

Responsibility for the prevention of illegal working and liability for payment of a
civil penalty in the event of illegal working, remains with the employment business
as the employer of the workers whilst they are on this assignment.

47

Example 14: Food ordering platform

A food ordering and delivery platform provides technology and ordering services
to a fast-food takeaway, enabling customers to place orders online through the
platform’s app. The takeaway uses its own delivery staff to prepare and deliver
customer orders.

The platform is providing technology and ordering services but is not engaging the
workers who carry out the deliveries.

The extended liability provisions therefore do not apply to the platform.

Responsibility for the prevention of illegal working and liability for payment of a
civil penalty in the event of illegal working, remains with the fast-food takeaway as
the employer of the delivery staff.

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

Contractual arrangements outside extended liability leave illegal working penalty duties solely with the direct employer.

The extended liability provisions therefore do not apply to the retailer.
Responsibility for the prevention of illegal working and liability for payment of a civil penalty in the event of illegal working, remains with the facilities management company as the employer of the cleaners.
Responsibility for the prevention of illegal working and liability for payment of a civil penalty in the event of illegal working, remains with the employment business as the employer of the workers whilst they are on this assignment.
Extended liability provisions do not apply to businesses purchasing services for own use, using agency workers for internal operations, supplying finished goods, or providing technology platforms without engaging delivery workers. Responsibility for the prevention of illegal working and liability for payment of a civil penalty in the event of illegal working remains with the direct employer of the workers.
checks.right_to_work

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Verification findings (273)

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synthesis coverage: missing/unverified L2 notification-of-updates-to-the-right-to-work-scheme

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synthesis coverage: missing/unverified L2 statutory-excuse

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synthesis coverage: missing/unverified L2 list-b-group-1-acceptable-documents-where-a-time-limited

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synthesis coverage: missing/unverified L2 sponsored-work-routes

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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
Examples of contractual arrangements not in scope
Version
47492d45c85668bb5f9c734b…
Content hash
sha256 375cca23b28d663a44af849a…
Source
gov.uk/government/publications/right-to-work-checks-employers-guide