The UK government has announced plans to implement significant changes to the illegal working regime, including extending the obligation to conduct right to work checks to businesses engaging gig economy and zero-hours workers. This move brings gig and self-employed workers in line with traditional employment standards, aiming to curb illegal working practices and bolster the integrity of the UK’s labour market.
Who is affected?
The new requirements apply to a wide range of sectors that commonly rely on flexible labour, including:
Food delivery and courier services
Hospitality and entertainment
Construction and trades
Sports and event staffing
Under the updated rules, businesses must confirm the immigration status of all workers - regardless of employment classification - before allowing them to begin work. Checks can be completed in minutes, and the Home Office provides digital tools and free guidance to support compliance.
What are the risks of non-compliance?
Failure to complete proper right to work checks can lead to:
Fines of up to £60,000 per illegal worker
Temporary business closure orders
Director disqualifications
Prison sentences of up to five years for serious breaches
These penalties mirror existing sanctions for employers who fail to check the status of traditional employees, aiming to ensure a consistent approach across the workforce.
How to conduct right to work checks
Employers can fulfil their legal obligations through one of three recognised methods:
Manual Check
Review original documents (e.g. passport, visa) in person and retain signed and dated copies.Online Check
Use the Home Office online service with a share code provided by the worker.ID Validation Technology (IDVT)
Engage an Identity Service Provider (IDSP) to digitally verify documents.
Records must be retained securely for the duration of employment plus two years to maintain a statutory excuse against liability.
Implementation hurdles and compliance challenges
While the new rules aim to ensure fairness, they raise practical challenges for employers. In particular, it remains unclear how to distinguish between gig workers, casual staff, and genuinely self-employed contractors. Without a definitive legal test, businesses risk misclassifying workers or failing to apply the checks correctly.
To mitigate these risks, employers should:
Review internal procedures to capture all forms of labour engagement
Provide staff training on the new requirements and documentation standards
Seek specialist legal advice if unsure how to classify or verify particular worker arrangements
Sector-specific considerations
Each affected sector faces unique operational challenges. For example:
Construction firms often rely on subcontractors and short-term hires, requiring extra vigilance.
Hospitality businesses, which frequently rotate casual staff, must improve onboarding procedures.
Gig platforms will need to embed verification tools directly into their onboarding or contracting systems.
The expansion of right to work checks to include gig and self-employed workers marks a pivotal change in the UK’s approach to immigration enforcement. It signals the government’s intent to create a level playing field between traditional and non-traditional employment models while protecting legitimate workers and employers.
For businesses, the key to navigating this shift lies in preparation: updating systems, educating staff, and seeking legal support where needed. Early action will not only ensure compliance but also safeguard reputations and operational continuity in an increasingly regulated labour landscape.
This article was created with insights from Lex HR - your always-on HR legal assistant. Lex HR helps HR professionals navigate complex employment law with confidence, providing real-time, reliable advice tailored to your needs. Try it free today and see how much easier compliance can be.
