The government is extending Right to Work Checks to the gig economy and zero-hours workers. The change will form part of the Border Security, Asylum and Immigration Bill.
Although the Bill is not yet law, businesses should prepare now. The introduction of right to work checks for gig workers and zero-hours staff represents a major shift. Government figures suggest that between 2.5 million and five million additional working arrangements will fall within scope.
What’s Changing
Until now, right to work checks have applied to traditional employment contracts only. Flexible arrangements were not covered. The new rules will affect sectors that rely heavily on non-traditional working models, such as:
• Construction
• Food delivery
• Beauty salons
• Courier services
Some companies, including Deliveroo, already run right to work checks and other verification procedures.
Why the Change Matters
Right to work checks are carried out by employers. They prove a person’s immigration status and confirm they can legally work in the UK.
“To strengthen the entire immigration system, restoring tough enforcement of the rules and undermine people smugglers using the false promise of jobs for migrants.”
Penalties for Non-Compliance
The new rules are backed by strict enforcement. Businesses that fail to comply could face:
• Civil penalties of up to £60,000 per worker
• Business closures
• Director disqualification
• Prison sentences of up to five years for knowingly employing someone without the right to work
Beyond legal risks, reputational damage can also be severe.
Preparing for New Responsibilities
Employment legislation is already complex. A recent Home Office survey showed that 80% of employers got at least one question wrong when asked about right to work checks. The new rules will add yet another compliance layer for businesses to manage.
We are here to help you prepare. Please contact us if you have any questions about right to work checks or your responsibilities under the upcoming rules.