13th May 2026 | Hudson Contract
Right-to-Work checks for the self-employed are to become a legal requirement from October 1, the government has all but confirmed.
The Home Office has published a draft code of practice for employers to avoid “unlawful discrimination while preventing illegal working”, which includes the implementation date. It comes after the Border Security, Asylum and Immigration Act 2025 received royal assent in December.
Those who 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.
The government has vowed to carry out a communications campaign and engage with businesses before introducing the new rules.
Hudson is already contacting operatives to arrange fully compliant Right-to-Work checks with its Home Office-approved provider ahead of the implementation date. The two-step process takes place online and is completed within minutes.
Managing director Ian Anfield said: “There are 750,000 self-employed people in the construction industry alone, which means millions of checks. Each check will cost money and could delay operatives gaining access to site. While well meaning, the new legislation comes at a huge cost when the industry is faced with slowing demand and increasing prices.
“It is ironic that the government is slow off the mark with proper support or guidance, but quick to set out rules and threats if the checks are seen to discriminate against the people they are designed to catch.
“To help construction firms avoid costly delays and potential penalties in October, we are contacting clients and operatives to complete Right-to-Work checks ahead of implementation. It is a mammoth task because we engage and pay 40,000 operatives every week.
“We greatly appreciate the ongoing support of our clients, and have to say the operatives are in the main cooperative and understanding, although one or two don’t trust the government and would rather we did not do its bidding.
“Hudson clients can rest assured we will shield them from the civil and criminal risks of the new legislation and keep them fully compliant so they can carry on growing their businesses.”
