Watchtower/Law library/Right to work checks: an employer's guide/Transfer of undertakings (TUPE transfers)
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Right to work checks: an employer's guide · Transfer of undertakings (TUPE transfers)

Transfer of undertakings (TUPE transfers)

employer s guide to right to work checks 1 october 2026 chunk 95 · in force: unknown

Captured source text (L5)

Transfer of undertakings (TUPE transfers)

The Transfer of Undertakings (Protection of Employment) (TUPE) Regulations 2006 do not apply to individuals engaged under a contract for services as workers. Where, on or after 1 October 2026, an employer enters into a new arrangement to engage such an individual following a change in the employer for whom they work, the new employer must conduct a right to work check before the employment commences if it wishes to establish a statutory excuse against liability for payment of a civil penalty.
Where the TUPE Regulations do apply, employers who acquire staff as part of a TUPE transfer are advised to undertake a fresh right to work check on acquired workers. Employers are not required to have a statutory excuse in respect of employment which commenced before 29 February 2008; where the individual has been in continuous employment prior to that date. This includes where employment has continued as part of a TUPE transfer.
While TUPE regulations provide that right to work checks carried out by the transferor (the outgoing employer) are deemed to have been carried out by the employer who acquired the worker(s) (the incoming employer) and as such, the acquiring employer obtains the benefit of any statutory excuse established by the outgoing employer, if the outgoing employer did not conduct the original checks correctly, the acquiring employer would be liable for a penalty if a worker, who commenced work on or after
29 February 2008, is later found to be working illegally. Also, a check by the acquiring employer may be the only way to determine when any follow-up check should be carried out in respect of workers with time-limited permission to work in the UK.
It is recognised that there may be practical implications for undertaking checks in these circumstances before employment commences, as such, a 60 calendar-day grace period is provided from the date of the “relevant transfer4” of the business during which the acquiring employer should conduct a fresh check. There is no grace period for any subsequent follow-up checks. The grace period applies in all situations where there is a relevant transfer4, even if the transferring business is subject to “terminal” insolvency proceedings falling within regulation 8(7) of the 2006 TUPE Regulations, such as cases involving compulsory liquidation5. Changes in the employer’s legal constitution A right to work check does not need to be repeated where the employer is the same entity and is only changing its legal status, for example, a change from a private limited company to a public limited company, a change from a partnership to a limited
4 as defined by Regulation 3 of the Transfer of Undertakings (Protection of Employment) Regulations
2006 (the “TUPE Regulations”).
5 The employment protections set out in Regulations 4 (continuation of employment) and 7 (protection from dismissal) of the TUPE Regulations are dis-applied in Regulation 8(7) cases.
58
company, where there has been a limited liability partnership or a TUPE transfer within the same group of companies.
However, where there is any doubt, it is recommended that the employer does conduct a right to work check to prevent risk of liability for a civil penalty in the case the individual(s) in question are found to be working illegally.
59
Full captured verbatim text
The Transfer of Undertakings (Protection of Employment) (TUPE) Regulations 2006
do not apply to individuals engaged under a contract for services as workers. Where,
on or after 1 October 2026, an employer enters into a new arrangement to engage
such an individual following a change in the employer for whom they work, the new
employer must conduct a right to work check before the employment commences if it
wishes to establish a statutory excuse against liability for payment of a civil penalty.

Where the TUPE Regulations do apply, employers who acquire staff as part of a TUPE
transfer are advised to undertake a fresh right to work check on acquired workers.
Employers are not required to have a statutory excuse in respect of employment which
commenced before 29 February 2008; where the individual has been in continuous
employment prior to that date. This includes where employment has continued as part
of a TUPE transfer.

While TUPE regulations provide that right to work checks carried out by the transferor
(the outgoing employer) are deemed to have been carried out by the employer who
acquired the worker(s) (the incoming employer) and as such, the acquiring employer
obtains the benefit of any statutory excuse established by the outgoing employer, if
the outgoing employer did not conduct the original checks correctly, the acquiring
employer would be liable for a penalty if a worker, who commenced work on or after

29 February 2008, is later found to be working illegally. Also, a check by the acquiring
employer may be the only way to determine when any follow-up check should be
carried out in respect of workers with time-limited permission to work in the UK.

It is recognised that there may be practical implications for undertaking checks in these
circumstances before employment commences, as such, a 60 calendar-day grace
period is provided from the date of the “relevant transfer4” of the business during which
the acquiring employer should conduct a fresh check. There is no grace period for any
subsequent follow-up checks.
The grace period applies in all situations where there is a relevant transfer4, even if
the transferring business is subject to “terminal” insolvency proceedings falling within
regulation 8(7) of the 2006 TUPE Regulations, such as cases involving compulsory
liquidation5.
Changes in the employer’s legal constitution
A right to work check does not need to be repeated where the employer is the same
entity and is only changing its legal status, for example, a change from a private limited
company to a public limited company, a change from a partnership to a limited

4 as defined by Regulation 3 of the Transfer of Undertakings (Protection of Employment) Regulations

2006 (the “TUPE Regulations”).

5 The employment protections set out in Regulations 4 (continuation of employment) and 7 (protection
from dismissal) of the TUPE Regulations are dis-applied in Regulation 8(7) cases.

58

company, where there has been a limited liability partnership or a TUPE transfer within
the same group of companies.

However, where there is any doubt, it is recommended that the employer does conduct
a right to work check to prevent risk of liability for a civil penalty in the case the
individual(s) in question are found to be working illegally.

59

What this provision means

Model summary, checked against the text on the left.

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

Employers acquiring staff under TUPE or service contracts must conduct right to work checks to secure statutory excuses against civil penalties.

The Transfer of Undertakings (Protection of Employment) (TUPE) Regulations 2006 do not apply to individuals engaged under a contract for services as workers. Where, on or after 1 October 2026, an employer enters into a new arrangement to engage such an individual following a change in the employer for whom they work, the new employer must conduct a right to work check before the employment commences if it wishes to establish a statutory excuse against liability for payment of a civil penalty.
While TUPE regulations provide that right to work checks carried out by the transferor (the outgoing employer) are deemed to have been carried out by the employer who acquired the worker(s) (the incoming employer) and as such, the acquiring employer obtains the benefit of any statutory excuse established by the outgoing employer, if the outgoing employer did not conduct the original checks correctly, the acquiring employer would be liable for a penalty if a worker, who commenced work on or after
29 February 2008, is later found to be working illegally. Also, a check by the acquiring employer may be the only way to determine when any follow-up check should be carried out in respect of workers with time-limited permission to work in the UK.
Where an employer on or after 1 October 2026 engages a worker under a contract for services following a change in employer, the new employer must conduct a right to work check before employment commences to establish a statutory excuse against civil penalties. Under a TUPE transfer, an acquiring employer inherits the transferor's statutory excuse but remains liable if original checks were defective for workers commencing work on or after 29 February 2008. A 60 calendar-day grace period from the date of the relevant transfer applies to conduct fresh checks.
checks.right_to_workevidence.audit_trail

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Part summaries

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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 support-for-workers

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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 statutory-excuse-lasts-until-the-expiry-date-of-leave-to-enter-or

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

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synthesis coverage: missing/unverified L2 verification-services

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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
Transfer of undertakings (TUPE transfers)
Version
47492d45c85668bb5f9c734b…
Content hash
sha256 5f7c5a1212ddebf596297485…
Source
gov.uk/government/publications/right-to-work-checks-employers-guide