14th July 2026 | Hudson Contract
The government has confirmed the start date for Right to Work checks on the self-employed with construction singled out by a minister as a “high-risk sector” being targeted by Home Office activity.
The October 1 start date was confirmed in commencement regulations made under the Border Security, Asylum and Immigration Act 2025, signed on June 24, and comes as the government published its long-awaited response to a consultation on how the extended scheme will operate in practice.
In a statement to parliament on June 30, Home Office minister Alex Norris said: “The reforms introduce, for the first time, an extension of the Right to Work Scheme and the associated civil penalties for non-compliance, to cover companies who contract workers or individual subcontractors to provide services under their company name, such as agency workers or workers in the gig economy.”
As the largest payer of subcontractors in construction, Hudson has already carried out 18,000 compliant checks ahead of implementation and is calling on the government to publicise the guidance that the wider industry will need to prepare.
Managing director Ian Anfield said: “Construction has one of the highest rates of self-employment of any sector. If there are 900,000 freelancers and operatives each working for three different clients in a year, that’s 2.7 million checks, every one of which comes with a cost in time and money and a potential delay in getting people onto site. Those costs will be felt by construction firms and by the operatives themselves.
“The consultation response makes clear that companies are already carrying out checks in a variety of different ways with no consistent approach. On top of that, around half of businesses think they’re already doing Right to Work checks but the chances are most of those wouldn’t provide a statutory excuse and could leave firms facing significant liabilities. The government also suggests companies can’t rely on digital checks alone, despite that being widely reported as the direction of travel.
“The biggest concern for the industry right now is that companies need time to put robust policies in place, take advice and get ready. We’ve already completed more than 18,000 checks on behalf of our clients to make sure they’re protected when October 1 arrives.”
Employers or engagers which fail to carry out Right to Work checks face penalties of up to £60,000 per operative. In serious cases, sanctions escalate to criminal conviction, a prison sentence of up to five years and an unlimited fine.
Meanwhile, the government has expanded digital options for British and Irish nationals who do not hold a current valid passport to comply with the checks.
The Home Office published details of the wider options after Hudson raised concerns over the plight of UK residents unable to comply with the checks.
Ian said: “The biggest pushback we’re getting is from British and Irish nationals. Some don’t hold a passport and others are reluctant to share their data for a check they fear will be passed on to the government.
“Most older documents aren’t digital and don’t carry the coding needed for verification. A birth certificate from 1973 can’t be checked digitally.”
The expanded options allow a wider range of documents to be verified digitally, including British and Irish passports expired by up to six months. Digital versions of documents verified as originating from a trusted government source will also be accepted. The Home Office said that manual checks remain available for those who cannot use digital routes.
