Right to Work Checks Now Cover Subcontractors — Up to £60,000 Fines Per Worker
What happened
From 1 October 2026, Right to Work checks in the UK have been extended beyond direct employees to cover subcontractors, self-employed workers, and anyone a business engages to provide services.
Construction has been singled out by Home Office minister Alex Norris as a "high-risk sector" for enforcement activity. The reforms introduce what the Home Office calls "extended liability" — meaning the authorities can now reach further up the contractual chain. Whether you're a main contractor, a subcontractor, or engaging labour anywhere in between, if you're bringing someone onto a UK site, this now touches you.
Hudson Contract, the largest payer of subcontractors in construction, estimates the change could mean 2.7 million additional checks per year across the sector — based on 900,000 self-employed operatives each working for an average of three clients annually.
Firms that fail to carry out the required checks face civil penalties of up to £60,000 per illegal worker. In serious cases, sanctions escalate to criminal conviction, a prison sentence of up to five years, and an unlimited fine.
What this means for tradespeople
This isn't just about big contractors. If you're a sole trader who occasionally brings in a mate or a subcontractor to help on a job — a labourer, a second electrician, a tiler — you now have a legal obligation to verify their right to work in the UK before they start.
The rules apply regardless of how informal the arrangement is. If you engage someone to provide services under your company name, you're responsible. And the government has made clear that digital checks alone may not provide the "statutory excuse" you need if something goes wrong — meaning you may need to see original documents in person.
For tradespeople who work as subcontractors themselves, expect the firms that hire you to start asking for documentation before you can get on site. Have your passport or share code ready.
What to do about it
- If you hire subcontractors or labourers, even occasionally, you now need to check their right to work before they start. Keep records.
- If you work as a subcontractor, have your proof of right to work ready — passport, visa, or Home Office share code.
- Don't assume you're already compliant. Hudson Contract warns that around half of businesses think they're already doing checks, but most wouldn't provide a statutory excuse if challenged.
- Get advice if you're unsure. Your trade body or accountant can help you set up a compliant process.
Source: Construction Enquirer