Right to work changes, effective 1 October 2026 

We would like to make you aware of changes to the law on right to work checks that come into force on 1 October 2026

In summary, the requirements already in place for employees are being extended to other types of worker. 

This would include: sub-contractors; workers coming to you via agencies; and individual sub-contractors. It also includes staff who are working for your church through another business (for example cleaning staff employed through a local cleaning business).  

From 1 October 2026 organisations could be fined up to £60,000 for each worker lacking the correct right to work documents (and checks), even if they never met them or knew they were on site. 


What do you need to know?

1. The person or organisation that directly employs or engages the worker, is still responsible for completing the Right to Work check.
2. However, liability for a civil penalty may extend beyond the direct employer or engager to another organisation in the contractual chain through which the work or services are being delivered. This could be your church. This does not transfer responsibility for carrying out the check from the direct employer or engager.
3. The correct prescribed check must be completed before employment, work or services begin. 
4. The check must confirm that the person is permitted to do the work being offered, including any restrictions.
5. The required evidence must be retained to establish a statutory excuse against liability for a civil penalty.

So what does this mean for your church?

• Check that any sub-contractor working for the church does Right to Work checks and that they are up to date.
• Make sure that this requirement is included in your contract with them.
• Be aware that these provisions do not extend to self-employed contractors (e.g. plumbers/electricians) 

Guidance and support
 
The following resources provide further information and practical support:

• Employer’s Guide to Right to Work Checks
• Online interactive tool – Check if a document allows someone to work in the UK
• Right to Work Checklist
• Illegal Working Penalties: Codes of Practice for Employers
• Avoiding Discrimination While Preventing Illegal Working: Code of Practice
• Illegal Working Civil Penalties: An Employer’s Guide
• Check a job applicant's right to work: use their share code - GOV.UK
• Find registered digital identity and attribute services - GOV.UK
• Employer Checking Service

Employer Enquiry Helpline: 0300 790 6268