All employees in the UK need a Right to Work check to make sure that they have a legal right to employment. Without one, businesses can be fined up to £60,000 for repeated breaches, or face an unlimited fine and up to five years in prison for knowingly employing someone who was not eligible to work in the UK.
As of 1 October 2026, the Right to Work scheme is expanding, covering millions of workers who previously didn’t need checking.
We’re here to take you through what you need to know to keep your business safe – and where to go for more information.
Key takeaways
- Changes take place on 1 October 2026.
- Extended liability means employers further down the chain of contracts may be liable for penalties if Right to Work checks have not been completed.
- Hospitality is a high-risk industry for changes, alongside construction and logistics, due to the reliance on flexible, temporary and high-turnover labour.
- Businesses could face penalties of up to £45,000 per worker for a first breach, £60,000 for a repeat one, or unlimited fines and prison time for hiring someone with the knowledge they didn’t have a right to work in the UK.
How the expanding scheme will impact hospitality
It’s no secret that the hospitality industry runs on flexibility. From casual shifts to cover a busy weekend, or agency staff for a large event, to seasonal hires over the Christmas period, it’s common for staff to come and go quite quickly.
Under the expanded scheme, hospitality has been directly called out as a potential high-risk sector. If you’re responsible for supplying workers to businesses like bars or restaurants, you’ll now need to make sure they all have a valid Right to Work in the UK.
Likewise, where your contracts allow workers to substitute shifts, each worker will now need individual Right to Work checks. This is important for jobs like delivery drivers or roles filled through online matching platforms, where substitution is common (e.g. the shift will be filled by a suitable worker but not always the same one). In this case, every worker will need to checked before starting work and on an ongoing basis to prevent illegal working.
What to do now to prepare
- Ask any staffing agencies you use for their Right to Work check evidence
- Check all contracts in your supply chain are robust and cover Right to Work check responsibilities
- If you’re using digital Right to Works, make sure you are working with a certified Right to Work Digital Verification Service Provider (RtW DVSP)
Where to go for more information
Food Alert’s sister company, TrustID, are a certified DVSP and Right to Work verification experts. Full details about the changes can be found on their blog, so go check it out if you have any questions, and get your processes sorted before October.
Annabel Kyle
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Annabel Kyle
