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

Legislation

employer s guide to right to work checks 1 october 2026 chunk 9 · in force: unknown

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Legislation

The legislation underpinning the Right to Work Scheme (“the Scheme”) applies across the whole of the UK and is set out in sections 15 to 25 of the Immigration, Asylum and Nationality Act 2006 (“IANA 2006”), section 24B of the Immigration Act 1971, and Schedule 6 of the Immigration Act 2016 (“2016 Act”). 5
The IANA 2006 replaced section 8 of the Asylum and Immigration Act 1996 (“1996 Act”) in respect of employment commencing on or after 29 February 2008. Section 15 of the IANA 2006 creates the civil penalty liability. Where an employer employs an individual who is disqualified from carrying out the work in question by reason of their immigration status, they may be liable for a civil penalty. The Secretary of State may serve an employer with a notice requiring the payment of a civil penalty.
The Border Security, Asylum and Immigration Act 2025 (“BSAI 2025”) amends the IANA 2006 by extending the scope of employers required to prevent illegal working under the Scheme, and the sanctions for non-compliance, beyond traditional employment relationships to a wider range of working arrangements.
Section 48 of the BSAI 2025 amends and expands the definition of “employer” for the purposes of sections 15 to 24 of the IANA 2006 and inserts a new section 14A into the IANA 2006. Section 14A provides that references to a person employing another individual includes engaging an individual under a worker’s contract, engaging an individual sub-contractor and through an online matching service providing details of an individual who is a service provider to potential clients or customers. In these circumstances, an employer can prevent illegal working and establish a statutory excuse by carrying out a prescribed right to work check.
Section 48 of the BSAI 2025 inserts a new section 15A into the IANA 2006, under which civil penalty liability may also extend beyond the employer who holds the direct contractual relationship with the worker. This is referred to as extended liability. Extended liability applies where:
• a person is under a contract to provide work or services to a third party and enters into a contract with another employer providing workers to fulfil that contract.
• an online matching service provides details of a service provider to clients or customers, and the service provider enters into a contract with a client or customer, or
• an employer employs an individual to provide work or services, and the contractual arrangements allow the individual to substitute their work or services to another individual.
This means the person contracted to provide work or services to a third party, an online matching service or the employer in the case of a substitution clause, may be treated as employing any individual who personally provides the work or services. In these circumstances, they can prevent illegal working and establish a statutory excuse through compliance with the prescribed requirements relating to the contractual arrangements.
Full captured verbatim text
The legislation underpinning the Right to Work Scheme (“the Scheme”) applies across
the whole of the UK and is set out in sections 15 to 25 of the Immigration, Asylum and
Nationality Act 2006 (“IANA 2006”), section 24B of the Immigration Act 1971, and
Schedule 6 of the Immigration Act 2016 (“2016 Act”).
5

The IANA 2006 replaced section 8 of the Asylum and Immigration Act 1996 (“1996
Act”) in respect of employment commencing on or after 29 February 2008. Section 15
of the IANA 2006 creates the civil penalty liability. Where an employer employs an
individual who is disqualified from carrying out the work in question by reason of their
immigration status, they may be liable for a civil penalty. The Secretary of State may
serve an employer with a notice requiring the payment of a civil penalty.

The Border Security, Asylum and Immigration Act 2025 (“BSAI 2025”) amends the
IANA 2006 by extending the scope of employers required to prevent illegal working
under the Scheme, and the sanctions for non-compliance, beyond traditional
employment relationships to a wider range of working arrangements.

Section 48 of the BSAI 2025 amends and expands the definition of “employer” for the
purposes of sections 15 to 24 of the IANA 2006 and inserts a new section 14A into the
IANA 2006. Section 14A provides that references to a person employing another
individual includes engaging an individual under a worker’s contract, engaging an
individual sub-contractor and through an online matching service providing details of
an individual who is a service provider to potential clients or customers. In these
circumstances, an employer can prevent illegal working and establish a statutory
excuse by carrying out a prescribed right to work check.

Section 48 of the BSAI 2025 inserts a new section 15A into the IANA 2006, under
which civil penalty liability may also extend beyond the employer who holds the direct
contractual relationship with the worker. This is referred to as extended liability.
Extended liability applies where:

• a person is under a contract to provide work or services to a third party and
enters into a contract with another employer providing workers to fulfil that
contract.

• an online matching service provides details of a service provider to clients or
customers, and the service provider enters into a contract with a client or
customer, or

• an employer employs an individual to provide work or services, and the
contractual arrangements allow the individual to substitute their work or
services to another individual.

This means the person contracted to provide work or services to a third party, an online
matching service or the employer in the case of a substitution clause, may be treated
as employing any individual who personally provides the work or services. In these
circumstances, they can prevent illegal working and establish a statutory excuse
through compliance with the prescribed requirements relating to the contractual
arrangements.

What this provision means

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Employers and contracting intermediaries establish a statutory excuse against civil penalties by conducting prescribed right to work checks.

The IANA 2006 replaced section 8 of the Asylum and Immigration Act 1996 (“1996 Act”) in respect of employment commencing on or after 29 February 2008. Section 15 of the IANA 2006 creates the civil penalty liability. Where an employer employs an individual who is disqualified from carrying out the work in question by reason of their immigration status, they may be liable for a civil penalty. The Secretary of State may serve an employer with a notice requiring the payment of a civil penalty.
Section 48 of the BSAI 2025 amends and expands the definition of “employer” for the purposes of sections 15 to 24 of the IANA 2006 and inserts a new section 14A into the IANA 2006. Section 14A provides that references to a person employing another individual includes engaging an individual under a worker’s contract, engaging an individual sub-contractor and through an online matching service providing details of an individual who is a service provider to potential clients or customers. In these circumstances, an employer can prevent illegal working and establish a statutory excuse by carrying out a prescribed right to work check.
This means the person contracted to provide work or services to a third party, an online matching service or the employer in the case of a substitution clause, may be treated as employing any individual who personally provides the work or services. In these circumstances, they can prevent illegal working and establish a statutory excuse through compliance with the prescribed requirements relating to the contractual arrangements.
Under section 15 of the IANA 2006, an employer who employs an individual disqualified from carrying out work by reason of their immigration status is subject to civil penalty liability via a notice from the Secretary of State. Section 48 of the BSAI 2025 expands employers to include engaging workers under a worker's contract, engaging individual sub-contractors, and online matching services. Section 15A introduces extended liability across multi-party contracts, online platform matching, and substitution clauses. Parties establish a statutory excuse against liability by carrying out prescribed right to work checks or complying with prescribed requirements relating to contractual arrangements.
checks.right_to_workevidence.audit_trail

Refers to

other law external_cite · s. 15

other law external_cite · s. 15A

other law external_cite · s. 16

other law external_cite · s. 17

other law external_cite · s. 18

other law external_cite · s. 19

other law external_cite · s. 20

other law external_cite · s. 21

other law external_cite · s. 22

other law external_cite · s. 23

other law external_cite · s. 24

other law external_cite · s. 25

Referred to by

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Part summaries

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Verification findings (273)

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synthesis coverage: missing/unverified L2 support-for-workers

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synthesis coverage: missing/unverified L2 statutory-excuse

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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
Legislation
Version
47492d45c85668bb5f9c734b…
Content hash
sha256 b5e614feacab403474243ef2…
Source
gov.uk/government/publications/right-to-work-checks-employers-guide