Extension of Right-to-Work Checks to Cover the Gig Economy and Zero-Hour Workers.
All UK employers have a legal obligation to prevent illegal working. This includes ensuring that every individual they employ has the right to work in the UK either through nationality or valid immigration status. To comply with this duty, employers must carry out Right to Work (RTW) checks on all new employees before their employment begins and conduct follow-up checks on existing employees with time-limited permission to work.
To check the immigration status, the following must be completed:
For British/Irish nationals:
- Manual check on physical documents (e.g. a valid passport).
- Identity service provider checks.
For Individuals subject to immigration control:
- Home Office online (share code) checks
- Employer Checking Service (“ECS”).
At present, RTW checks are only legally required for individuals employed under a contract of employment, apprenticeship, or service. While the Home Office has encouraged checks on non-employed individuals (such as agency staff or gig workers), it has not been a legal requirement. Under the civil penalty regime, employers face fines of up to £60,000 per illegal worker, but only for direct employees.
On 30 March 2025, the Secretary of State for the Home Department confirmed that this position is set to change. The government intends to extend mandatory RTW checks to workers in the gig economy and those on zero-hours contracts. It is also possible that these changes will be broadened further to include a wider range of non-traditional work arrangements.
These developments reflect the Home Office’s increasing focus on tackling illegal working across all areas of the labour market, not just traditional employment models. This extension is part of a broader crackdown. An additional £5 million in funding has been allocated to Immigration Enforcement teams to support prosecutions against businesses employing illegal workers. Operational activity has also intensified, with 4,779 arrests made since July 2024—a 42% increase on the previous year’s figures.
While the RTW check process remains relatively straightforward, whether conducted via an online check, using the Home Office’s Employer Checking Service, or manually, employers must verify that the individual presenting themselves for work is the same person as shown in the RTW documentation. This identity verification can be done in person or via video call, and failure to complete this step will mean the employer does not have a statutory excuse and could be liable for civil penalties.
Further Guidance Required
This change and the subsequent identity verification requirement may pose logistical difficulties for employers:
- With high worker turnover, where checks must be completed at scale
- Where individuals work irregular or on-demand hours, typical in the gig economy
Employers in these sectors should begin reviewing their onboarding and compliance processes now to avoid penalties once the changes take effect.
Due to these issues, the planned extension of the RTW checks requires further clarity because the changes are going to have a significant impact on all businesses and industries.
As a result, further clarity will be needed on a number of points:
- Will checks be extended to self-employed workers and agency workers in addition to the gig economy workers and zero-hour contracts?
- Will the check process itself remain the same, or will a more relaxed version be installed?
- Where substitute workers can be sent, will they also need to be fettered?
- When will these changes come into effect?
- Will the changes apply from the date they come into effect, or will they be retrospective and incorporate all workers who are already employed?
As things continue to develop, we will be able to provide updates as further details emerge from the UK government.
How Wilkes Can Help
If you are an employer who hires members of the gig economy (e.g. zero-hour contracts), you need to prepare for changes to Right to Work Checks as they extend beyond their current jurisdiction because there can be serious punishments for failing to comply. Industries that are likely to be affected the most include hospitality, construction, and logistics.
Organisations likely to be affected by the upcoming extension of Right to Work (RTW) checks are encouraged to assess the potential impact and review their current verification processes. Consider whether your existing procedures for checking RTW for employees are suitable for a broader workforce.
Now is also an ideal time to:
- Conduct internal RTW audits
- Update or implement RTW check policies
- Train relevant staff on the upcoming changes
If there is anything mentioned above that you think may affect your business, our Business Immigration team is available to support you with these steps.
If any part of this article has raised concerns, please contact our head of Business Immigration Pam Sidhu on 0121 710 5815 or by email at [email protected].
