In October 2025, the UK Home Office launched a six-week consultation to extend the Right to Work Scheme, aiming to cover a broader range of working relationships. This initiative is part of the UK Government’s Plan for Change, which seeks to enhance immigration enforcement and deter illegal working practices.
Since 2008, UK-based employers have been required to conduct specific right to work checks before hiring anyone under a contract of employment. These checks are essential for ensuring that individuals are legally entitled to work in the UK, protecting employers from civil and criminal liability while contributing to the country’s strategy against illegal work.
The proposed reforms will expand this responsibility to include a wider array of working arrangements, such as individuals on workers’ contracts, casual or zero-hours contracts, subcontracted labour, and self-employed individuals using online matching platforms. By implementing these changes, the UK government aims to close a regulatory gap that may allow certain businesses to engage labour through intermediaries or gig-economy models without formally verifying the immigration status of those workers.
This initiative represents a significant step toward ensuring that all individuals working in the UK are subject to the same verification processes, promoting fairness and compliance within the labour market. As these proposals progress, organisations will need to prepare for the implications on their hiring practices and compliance strategies.
Additionally, through the Border Security, Asylum and Immigration Bill, the government is strengthening enforcement of the rules to clamp down on illegal work. For the first time, the requirement to conduct right to work checks will extend to businesses hiring gig economy and zero-hours workers in sectors such as construction, food delivery, beauty salons, courier services, and warehousing.
What Is the Extended Right to Work Scheme?
The extended right to work scheme is a regulatory framework introduced by the UK Government to enhance the verification process for individuals seeking employment in the UK. This scheme expands the right to work scheme to other working arrangements and outlines the specific documentation and checks that employers must conduct to ensure compliance with immigration laws.
Key features of the extended right to work scheme include:
Broader Eligibility
The scheme may include additional categories of workers, such as those from specific countries or regions, allowing for a more diverse workforce.
Updated Verification Processes
Employers are required to implement more rigorous checks on candidates’ eligibility to work, which may involve accepting new forms of documentation or utilising digital verification methods.
Compliance Requirements
Organisations must ensure that their hiring practices align with the new regulations, which may involve updating internal policies and training staff on the changes.
Increased Penalties for Non-Compliance
The scheme may introduce stricter penalties for employers who fail to conduct the necessary checks, emphasizing the importance of adhering to the regulations.
Overall, the extended right to work scheme aims to streamline the hiring process while ensuring that employers are compliant with immigration laws, ultimately contributing to a fair and legal labour market in the UK.
Implications for Background Screening
The extended right to work scheme is likely to impact background screening in several ways.
Adapting Verification Processes
Firstly, organisations will need to adapt their verification processes to ensure compliance with the new regulations. This may involve updating their procedures for checking candidates’ eligibility to work in the UK, including the types of documentation accepted and the methods used for verification.
More Comprehensive Checks Across Worker Types
Additionally, the extended scheme may introduce new requirements for employers to conduct more thorough checks on a broader range of candidates, including those from specific countries or regions. This could lead to an increase in the complexity and duration of the background screening process.
Training and Technology Readiness
Organisations may also need to invest in training for HR and compliance teams to ensure they are well-versed in the new requirements and can effectively implement the necessary changes. This could also involve leveraging technology solutions that streamline the verification process and maintain compliance with the updated regulations.
Overall, the extended right to work scheme may necessitate a proactive approach from organisations to ensure that their background screening processes remain compliant, efficient, and effective in mitigating risks associated with hiring.
What should organisations do next?
Review Onboarding and Compliance Processes
Organisations hiring individuals on casual, zero-hours, or self-employed arrangements should proactively review their onboarding and compliance processes. With the proposed changes extending right to work checks to a broader range of working relationships, it is essential for organisations to adapt to these new legal requirements.
Sector-Specific Impact and Risk Exposure
Sectors such as construction, hospitality, logistics, and personal services are likely to be significantly impacted. Organisations that rely on sub-contractors or gig-economy platforms must implement robust systems to verify immigration status and maintain evidence of these checks.
Strengthening Screening and Verification Systems
As a leading provider of background screening solutions, First Advantage may support organisations in navigating these changes. Our comprehensive services can help organisations to support their needs with the new right to work requirements. By partnering with First Advantage, employers can address their background screening requirements, mitigate risks, and support their compliance requirements in this evolving regulatory landscape.
Contact us to learn how First Advantage background screening solutions can support a secure, compliant, and effective hiring process.
