Employment Alert – Changes to right to work checks
What’s happening?
The UK government has launched its most extensive crackdown on illegal working to date. Under ‘Operation Sterling’, Immigration Enforcement carried out over 11,000 raids between October 2024 and September 2025, resulting in more than 8,000 arrests. The focus has been on sectors with high levels of illegal working, including takeaways, beauty salons, car washes, and gig economy platforms.
The Border Security, Asylum and Immigration Act 2025 has now been passed, having received Royal Assent on 2 December 2025. This paves the way for (yet to be implemented) regulations, which would extend the prevention of illegal working regime to companies hiring people in the gig economy or on zero-hours contracts. These companies would be required to confirm that individuals working on their behalf have the legal right to work in the UK before hiring them.
The obligation will apply regardless of the type of contract or working pattern in place and extends to any businesses using third-party platforms or subcontracting arrangements. The intention is to create a simpler and more consistent way for employers to check someone’s right to work.
Why is this important?
The Act (and proposed regulations) will significantly expand employer obligations. Previously, only traditional employment relationships required right to work checks. Under this law, casual workers, zero-hour workers, individual subcontractors and other temporary arrangements will now be covered.
Failure to comply could result in:
- Fines of up to £60,000 per illegal worker
- Director disqualification
- Temporary business closure
- Illegal working compliance orders
What should you do?
- Review and amend your right to work processes, especially for non-traditional working arrangements.
- Prepare for digital ID implementation – this will become the standard method for verifying right to work.
- Audit your supply chains to ensure compliance across all tiers.
- Stay informed – guidance is expected to follow the consultation (which closed on 10 December 2025). This guidance should clarify when and how checks should be carried out. We can expect the launch of revised right to work guidance and a public awareness campaign for businesses.
This is a major shift in enforcement and compliance expectations. Employers should act now to mitigate risk and ensure they’re ready for the new regime.
