Care Providers Urged to Review Right-to-Work Processes

Care providers are being urged to review how they hire workers and use contractors ahead of major changes to right-to-work rules coming into force on the 1st of October 2026.

The changes will extend the existing illegal working rules beyond traditional employees and bring more working arrangements into scope.

This can include people working under worker contracts, individual subcontractors and workers supplied through more complex contracting arrangements. Online platforms that connect workers or service providers with customers can also be affected.

The changes can also push responsibility further up a supply chain. In some cases, businesses may face liability for people carrying out work further down a subcontracting chain, even where they have no direct contract with that individual.

If a business is found liable for illegal working, civil penalties can reach £45,000 per worker for a first breach and £60,000 per worker for repeat breaches.

Jasia Kazmi, employment lawyer at Witan Solicitors, said: “For a long time, right-to-work checks have been viewed as something for HR teams to deal with when somebody joins a business, but these changes make the issue much wider.

“From October, businesses will need to think more carefully about who is actually carrying out work for them and how these people have been engaged. This is particularly important for businesses that regularly use contractors, agency workers or subcontractors. It will no longer always be enough to assume that another company further down the chain has dealt with the necessary checks.

“Businesses should start by looking at the different ways they engage people. This means understanding who is employed directly, who works through another business and whether any of their suppliers are subcontracting work further.”

Businesses affected by the extended rules will also need certain protections in place before work begins if they want to establish a statutory excuse against a civil penalty.

For subcontracting arrangements, this includes written terms requiring suppliers to carry out the necessary right-to-work checks. Contracts must also deal with further subcontracting, allow compliance to be checked, provide options for action where illegal working is identified and require cooperation with Home Office investigations.

Jasia continued: “It’s crucial that businesses don’t wait until something goes wrong before putting the right checks and contracts in place. The required terms and processes need to be in place before the work starts. That’s why it’s wise for businesses to review their standard contracts now, particularly where they rely on subcontractors or suppliers to provide people to carry out work.

“It’s also wise to make sure that any new supplier or subcontracting agreements entered into from the 1st of October contain those terms from the outset.”

The latest Home Office guidance says these requirements apply to relevant contractual arrangements entered into on or after the 1st of October.

Businesses will also need processes to make sure the person carrying out the work is the same person whose right-to-work was checked. Where workers are allowed to send somebody else to carry out the work in their place, checks will also need to be completed before that substitute starts working.

Jasia said: “This is not just about adding another clause to a contract. Businesses need to be able to show that their processes work in practice. If somebody else is allowed to step in and carry out the work, the business needs a process for making sure that person has the right to work before they start.

“Employers using digital services for right-to-work checks should also make sure their provider is specifically authorised to carry them out. After all, being approved for general identity checks will not necessarily be enough.”

Jasia concluded: “With the changes only weeks away, businesses need to be proactive and start reviewing their arrangements now.

“A sensible place to start is by identifying everyone who carries out work for the business and how they are engaged. From there, businesses can review supplier contracts, subcontracting arrangements, and right-to-work procedures to see where changes may be needed.

“For businesses with larger or more complicated supply chains, this may involve a number of different teams. HR, procurement and those responsible for contracts all need to understand what is changing and where responsibility could arise.”