The headline
The Home Office has announced that right to work (RTW) checks will be extended to cover gig economy workers, zero-hours contractors, and workers supplied via third-party platforms. This represents a substantial expansion of the illegal working regime and imposes new burdens on sectors that traditionally rely on informal labour supply models.
What is changing?
Until now, RTW checks were primarily associated with employees and apprentices. However, a draft clause in the Border Security, Asylum and Immigration Bill proposes expanding liability for civil penalties and criminal sanctions to businesses that engage individuals on:
- Casual or zero-hours contracts.
- Self-employed gig work arrangements.
- Outsourced or subcontracted terms.
- Through online job matching services.
Significantly, liability may apply even if the business is unaware that the individual is working or there is no direct contract. The goal? To close perceived loopholes and extend the compliance net to the murkier corners of the modern labour market.
Penalties are formidable: a first breach could cost £45,000 per illegal worker, and repeat offenders may face £60,000 fines, director disqualification, closure orders, or up to five years’ imprisonment.
What is the practical impact?
Industries with high turnover and a reliance on non-traditional labour models (delivery services, logistics, construction, hospitality) will bear the brunt. While many larger platforms already run RTW checks voluntarily (Uber Eats, Just Eat, Deliveroo), smaller operators may struggle.
What should you do?
Identify: Identify areas where RTW checks are missing.
Onboard: Onboard non-traditional workers with the same rigour as permanent hires.
Contracts: Hold third parties accountable and ensure your agreements require them to comply with RTW obligations.
Train: Train HR, operations, and line managers on the new requirements.
What is next?
The Bill is undergoing parliamentary scrutiny, which will be followed by a full business consultation. Implementation is not imminent, but the trend is clear. With Immigration Enforcement stepping up site visits and issuing thousands of penalties, businesses should treat this as a ‘when’, not ‘if’.
Source: Government Press Release
