07/10/2026

We recently wrote to members about the extended right to work check requirements that came into force on 1 October 2026 and provided links to the draft Home Office guidance.

The final versions of the guidance were published on 1 October 2026. The final documents are unchanged from the draft versions, with the exception that the “draft” watermark has been removed. Links to the final guidance are available below:

1. Employer’s guide to right to work checks
2. Code of practice for employers: avoiding unlawful discrimination while preventing illegal working: October 2026
3. Code of practice on preventing illegal working: Right to Work Scheme for employers

We have also made available additional contractual wording for members who regularly use subcontractors.

The clauses are designed to help businesses address the Extended Liability Regime for illegal working, which applies from 1 October 2026. The new regime extends responsibility beyond direct employers and may, in certain circumstances, apply to businesses operating through supply chains, outsourcing arrangements or online matching services.

The wording is intended to help businesses demonstrate compliance by requiring suppliers and subcontractors to carry out appropriate right to work checks, obtain approval before further subcontracting, pass obligations down the supply chain and co-operate with compliance monitoring where required.

These clauses are aimed at organisations that use subcontracted or flexible labour, as well as businesses that provide online matching services.

Members can access the clauses and related resources in the Members’ Area.