Businesses operating in the UK’s gig economy should prepare for changes to Right to Work requirements. From 1 October 2026, the Border Security, Asylum and Immigration Act 2025 (“UK Borders Act”) is expected to extend Right to Work responsibilities beyond traditional employment arrangements, affecting many organisations that engage contractors, contingent workers, and platform-based labour.
Businesses that rely on flexible or on-demand workers should review onboarding and workforce screening processes ahead of implementation.
In this article, we explore:
- The key changes introduced under the Border Security, Asylum and Immigration Act 2025.
- How the changes may affect gig economy platforms and flexible workforce models.
- Which workers may require Right to Work checks.
- Steps businesses can take to prepare ahead of October 2026.
- How First Advantage can support screening programmes.
What is changing under the UK Borders Act?
From 1 October 2026, the Border Security, Asylum and Immigration Act 2025 will extend Right to Work obligations to non-traditional engagement structures. The changes are expected to affect a wider range of organisations that engage, supply or facilitate work, including some gig economy platforms and business that rely on contingent workers.
As a result, organisations that engage workers through non-traditional workforce models should review their Right to Work checking processes and prepare for the updated requirements.
Key legislative changes include:
- Extended scope. Right to Work will extend to a wider range of working arrangements, including contingent, casual, subcontracted, and platform-based work models.
- Greater accountability across workforce supply chains. Organisations should review how Right to Work checks are managed across their workforce and supplier relationships.
- Growing adoption of digital verification methods. There is an increased focus on the use of approved Identity Document Validation Technology (IDVT) and official Home Office online checks to support compliant Right to Work screening processes.
With implementation scheduled for October 2026, organisations engaging contingent labour should assess their current onboarding practices and workforce screening processes ahead of the changes. This matters because businesses that engage contractors, contingent workers or platform-based labour may be affected by the expanded Right to Work requirements.
Why the gig sector is now in focus
Over the past decade, the UK gig sector has expanded rapidly across delivery services, rideshare, creative freelancing, logistics, field maintenance, and professional contracting. Rapid onboardingand decentralised worker engagement structures can make it difficult to apply consistent verification processes, particularly where workers are engaged on a task-by-task basis, through zero-hours arrangements.
For businesses operating in the gig ecomomy sector, this means moving towards more proactive, technology-driven screening protocols integrated directly into digital onboarding pipelines.
Which workers will need Right to Work checks?
One of the key changes is the broader scope of the new legislation. Organisations operating flexible workforce models should review which workers may require Right to Work checks, including gig workers engage through a range of working arrangements.
Category breakdown and prctical impact
1. Gig workers and app-based freelancers
Individuals who accept tasks or shifts through digital applications or online matching platformsmay require Right to Work checks before undertaking . Organisations could consider how identity and Right to Work status are verified during app registration and account activation.
2. Independent contractors and sole traders
Self-employed contractors engagedfor short-term or project-based assignments may fall within the scope of requirements. Businesses engaging Right to Work contractors should establish verified documentation before contract execution.
3. Casual and zero-hours workers
Workers engaged without guaranteed hours who work on an ad-hoc basis may require Right to Work checks before undertaking their work, supported by processes for managing ongoing or (renewed) engagements where appropriate.
4. Subcontractors and supply chain labour
Organisations using supply chains or subcontractors should review how Right to Work checks are managed across workforce and supplier arrangements.
5. Temporary agency workers
Staffing agencies and the end-user clients or organisation should have clear processes in place to establist responsibility for Right to Works checks and recordkeeping.
To support these varied engagement types, partnering with a specialist screening provider can help businesses implement a tailored UK Right to Work check strategy that aligns with Home Office guidance while maintaining an efficient onboarding experience.
What are the potential risks for employers?
Failing to adapt workforce screening processes ahead of the October 2026 implementation may expose organisations to financial, legal, and operational risksincluding:
- Civil penalties: The Home Office can impose civil penalties where organisations fail to meet their obligations. For businesses’ large contingent workforces, non-compliance may create substantial financial exposure.
- Criminal liability: Under UK immigration law, businesses and individuals can face criminal sanctions where illegal working is knowingly facilitated.
- Loss of sponsor licence: For organisations that hold a UK Home Office Worker or Temporary Worker Sponsor Licence, non-compliance may lead to licence suspension or revocation affecting their ability to sponsor workers.
- Director disqualification: In certain circumstances, directors may face formal disqualification for serious compliance failures.
- Reputational damage and public naming: Non-compliance can result in negative publicity and damage with customers, workers and other stakeholders.
Given these highlighted risks, establishing robust and auditable compliance mechanisms across contingent workforce screening workflows should be an operational priority.
Employer readiness checklist
- Map your workforce architecture. Review all worker engagement channels. including contractors, agency staff, zero-hours workers, and platform freelancers, to clarify where expanded obligations apply.
- Review internal onboarding workflows. Examine onboarding touchpoints to determine where Right to Work checks are Identify manual steps, paper-based bottlenecks, or gaps where workers may begin performing tasks before verification is complete.
- Audit existing contractor and supply chain contracts. Review agreements with staffing suppliers, contractor management firms, and sub-agency providers. Update contract terms to mandate verified Right to Work checks and establish rights to audit compliance documentation.
- Evaluate digital technology readiness. Assess whether existing system can support digital verification at scale. Implementing an automated digital identity check solution may enable rapid, remote identity verification for British and Irish citizens using valid passports, reducing friction for applicants.
- Implement repeat verification and expiry tracking. Establish automated monitoring for workers with time-limited work permissions (such as visa holders). Use system alerts to notify compliance teams ahead of visa expiration dates and support timely follow-up checks.
- Update internal policies and train operations teams. Develop clear standard operating procedures (SOPs) for compliance managers, recruiters, and account managers. Conduct training so workers and teams understand the changes introduced by the UK Borders Act.
How digital Right to Work and identity verification can support workforce screening
Managing high-volume onboarding within the gig sector economy requires a balance between compliance and efficiency. Manual documentat reviews can be time-consuming, prone to human error, and create unnecessary friction for workers. Digital screening technologies can help automate verification while supporting audit requirements.
Effective technology integration enables platforms to:
- Streamline digital identity verification. Using certified Identity Document Validation Technology (IDVT), organisations can verify the authenticity of identity documents remotely in minutes using biometric matching.
- Online share code checks. For non-UK and non-Irish nationals holding digital immigration status (eVisas), online Home Office share code checks deliver verifiable results.
- Maintain automated audit trails. Digital screening software can generate time-stamped compliance records that integrate with applicant tracking and workforce systems, helping organisations maintain appropriate evidence of Right to Work checks.
- Scale via open APIs. Integrating screening software directly into candidate portals or mobile app onboarding flows can support seamless verification as part of the onboarding process.
- Enable continuous monitoring. Automated systems can track visa expiraty dates and support repeat screening, helping organisations manage ongoing compliance requirements.
First Advantage offers digital Right to Work checks and digital identity verification solutions that help organisations deliver scalable, and auditable workforce screening programmes.
Key takeaways
- Expanded scope: Right to Work obligations are extending to more worker categories, including gig, casual, and subcontracted labour.
- October 2026: Organisations should prepare ahead of
- Business risks: Financial, operational, and reputational risks may arise from non-compliance or inadequate record-keeping.
- Digital verification: Technology can help streamline high-volume screening while supporting an efficient onboarding experience.
- Preparation matters: Reviewing workforce models and onboarding processes now can organisations prepare for the upcoming changes.
Prepare for the UK’s expanded Right to Work requirements
Preparing for the October 2026 changes? Whether your organisation engages gig workers, contractors, or contingent labour, acting now can help support smoother onboarding and workforce screening processes.
Speak with First Advantage to learn how our digital Right to Work check and digital identity verification solutions can support your workforce screening programme.
Frequently asked questions
What is changing under the UK Borders Act for gig businesses?
The Border Security, Asylum and Immigration Act 2025 expands statutory Right to Work obligations beyond traditional employment arrangements. The changes may affect organisations that engage contingent workers, contractors, casual workers, and platform-based gig workers, requiring Right to Work checks across a wider range of working arrangements.
Which workers may now require Right to Work checks?
Right to Work checks may apply to a wider range of no-worker categories including app-based gig workers, independent contractors , zero-hours workers, agency workers, and individuals engaged through matching platforms.
What are the potential consequences of failing to carry out Right to Work checks?
Non-compliance can result in financial and operational risks. Organisations may face civil penalties of up to £60,000 per illegal worker (for repeat violations), potential criminal liability for knowingly engaging unauthorised workers, loss of Home Office sponsor licences, director disqualifications, and public naming on government enforcement lists.
How can organisations prepare before October 2026?
Organisations should review current worker pools, supply chain contracts, and onboarding workflows. They should also assess whether digital identity verification and Right to Work checking solutions can support efficient screening ahead of implementation.
How can First Advantage help organisations prepare?
First Advantage provides scalable digital Right to Work check and digital identity verification solutions designed for flexible workforces. By integrating with existing onboarding systems, these solutions can automate verification processes and provide reporting to support ongoing compliance.
