Right to Work Checks for Subcontractors: UK Guide 2026

Summary

Right to work checks are a legal obligation for UK employers under the Immigration, Asylum and Nationality Act 2006. For tradespeople taking on staff, it is one of the most important compliance steps before anyone picks up a tool. Getting it wrong — either missing the check entirely or failing to follow the prescribed procedure — removes the statutory excuse and leaves the business exposed to the full civil penalty.

The current framework distinguishes between manual document checks, online Home Office checks (for those with digital immigration status), and checks via a certified Identity Service Provider (IDSP) for British and Irish citizens. Understanding which method applies to each worker prevents costly mistakes.

The scope is changing on 1 October 2026. Section 48 of the Border Security, Asylum and Immigration Act 2025 (Royal Assent 2 December 2025) extends the illegal working regime beyond employees. The Home Office updated its Code of Practice on 30 June 2026 ahead of commencement. For a trade business that subcontracts labour, this is the single most important thing on this page — see "Subcontractors" below.

Key Facts

• Who must do checks — all UK employers before employment begins; "employers" includes sole traders with employees, partnerships, and limited companies. From 1 October 2026 this extends to anyone engaging workers, individual subcontractors, agency workers and gig/platform workers
• Subcontractors — position until 30 September 2026 — if genuinely self-employed (their own business, multiple clients, control over how work is done), you are not their employer and there is no right to work obligation on you
• Subcontractors — position from 1 October 2026 — individual subcontractors in a contractual chain ARE in scope. Only those genuinely "in business on their own account" — own clients, own equipment, own pricing, operating independently — remain outside it. The test is strict and the burden of showing it is on you
• Civil penalty rates (since 13 February 2024) — first breach: up to £45,000 per worker; repeat breach (within 3 years): up to £60,000 per worker. These are starting points; reporting suspected illegal working and cooperating with the investigation can each reduce the figure by £5,000, and on a first breach with demonstrably effective systems the Home Office may issue a Warning Notice instead of a fine
• Criminal liability — knowingly employing someone who doesn't have the right to work is a criminal offence (5 years' imprisonment and/or unlimited fine)
• Statutory excuse — carrying out a correct, compliant right to work check creates a statutory excuse; if the worker is later found to be illegal, the employer is not liable IF the check was done correctly
• Follow-up checks — for workers with time-limited permission (e.g., biometric residence permit with expiry date), a follow-up check must be done before the permission expires; for British/Irish citizens, one check is sufficient
• British and Irish citizens — may use an IDSP (certified digital identity check) OR a manual check (passport, or birth certificate plus official NI number document); cannot use the online Home Office service (that is for people with digital immigration status)
• Non-UK nationals — those with an eVisa or other digital immigration status must be checked using the Home Office online right to work checking service. All Biometric Residence Permits (BRPs) expired on 31 December 2024 and were replaced by eVisas — an expired BRP is not acceptable as a manual right to work document, although the holder may still be able to use its details to sign in to their UKVI account and generate a share code
• Share code — workers with digital status generate a 9-character share code at gov.uk/prove-right-to-work (valid 90 days); employer enters this at gov.uk/view-right-to-work with the worker's date of birth
• Record keeping — keep copy of documents for duration of employment PLUS 2 years after employment ends; date-stamp the copy to prove when check was done
• Overseas workers — pre-arrival right to work checks are not possible; check must be done before or on first day of work in the UK

Quick Reference Table

Detailed Guidance

Step-by-Step Manual Document Check

For British and Irish citizens (or overseas workers who may present other acceptable documents):

1. Obtain the original document — the worker presents their original document in person; you cannot accept copies at this stage; post or email is not acceptable for manual checks
2. Check validity — confirm the document is genuine (not expired; not obviously altered; photo matches the person present); for passports, check the MRZ code; for birth certificates, check they are original (not photocopies)
3. Check the worker is the rightful holder — compare the photograph and date of birth with the person in front of you
4. Copy the document — take a clear copy (photograph or photocopy) of every page that carries information, including the photo page
5. Date-stamp or record the date — record when the check was done; the date is part of establishing the statutory excuse
6. Store securely — retain the copy for duration of employment plus 2 years; must be retrievable in case of Home Office inspection

Acceptable document combinations (List A — permanent right to work, no follow-up check needed):

• Option 1: A UK/British citizen passport (current or expired), or a passport showing right of abode
• Option 2: A UK birth or adoption certificate, together with an official document giving the person's permanent National Insurance number and name, issued by a government agency or a previous employer
• Option 3: A certificate of registration or naturalisation as a British citizen, plus an official NI number document

List B is the separate list for people with time-limited permission to work — a List B check gives only a time-limited statutory excuse and triggers a follow-up check before the permission expires. Do not confuse the two lists: recording a British citizen's passport as a List B check is a common paperwork error.

Online Home Office Check

Used for all non-British/Irish workers (EU nationals with eVisa; BRP holders; those with other digital UK immigration status):

1. Worker generates a share code — worker visits gov.uk/prove-right-to-work and generates a 9-character share code (valid for 90 days)
2. Employer uses the Employer Checking Service — go to gov.uk/view-right-to-work; enter share code + worker's date of birth
3. Record the result — the service shows the worker's right to work status, photograph, and any expiry date; download or print the result
4. Check expiry — if the status has an expiry date, diarise a follow-up check for before that date

Important: The Home Office online service result (with its printed/downloaded confirmation) creates the statutory excuse — not the worker's physical document. For BRP holders, the worker's BRP photo is presented online as part of the check; you do not need to see or copy the physical BRP card itself. However, it is still good practice to verify the person in front of you matches the photo shown in the online result.

Subcontractors — Major Change from 1 October 2026

This is the section to read if you subcontract labour.

Historically the right to work duty applied only to employers, so a builder engaging a self-employed sparky or plasterer had no check to do. Section 48 of the Border Security, Asylum and Immigration Act 2025 changes that from 1 October 2026.

Who comes into scope on 1 October 2026:

• Workers engaged under a worker's contract, where the individual undertakes to perform work personally
• Individual subcontractors in a contractual chain — squarely relevant to construction
• Agency workers, where the agency supplies labour to deliver services to a third-party customer
• Gig and platform workers engaged through online matching services that charge a fee or commission

Who stays out of scope: individuals genuinely "in business on their own account" — operating independently, with their own clients, their own equipment, and setting their own pricing. A one-man band who works solely for you, on your jobs, with your materials, to your programme is unlikely to satisfy this.

What you have to do: use one of the prescribed check routes — manual document check, Home Office online check, or a certified digital identity service provider — before the individual starts work, and keep the evidence. The penalties are the same as for employees: up to £45,000 per worker first breach, £60,000 repeat.

Practical steps before 1 October 2026:

1. List every individual you engage who is not on payroll — subbies, labour-only gangs, agency supply, casual help
2. For each, decide honestly whether they are genuinely in business on their own account. If not certain, check them
3. Build the check into your onboarding so nobody starts on site without it
4. Store the evidence with a date, retrievable for the engagement plus two years
5. Remember this sits alongside CIS verification — it does not replace it, and CIS registration is not evidence of right to work

The Self-Employment Test

Whether the person is genuinely self-employed remains the pivotal question — both for the right to work duty and for tax.

HMRC's employment status test (IR35/off-payroll working) looks at:

• Control — does the hiring party control what work is done, how, and when? Higher control = more employee-like
• Personal service — does the subcontractor have to do the work personally, or can they send a substitute? Having the right of substitution points to self-employment
• Mutuality of obligation — is the hiring party obliged to offer work and the person obliged to accept? If yes, more employee-like
• Integration — does the person use their own tools and equipment? Do they take financial risk (fixing a price, bearing re-do costs)?

If a subcontractor is determined by HMRC to be employed in substance (despite being paid via invoice), the hiring party can face unpaid PAYE and National Insurance. For large construction firms engaging subcontractors, the CIS (Construction Industry Scheme) applies — this has its own verification requirements.

Practical guidance: Do not assume everyone invoicing as a limited company is outside employment status. Review each working relationship on its facts. For regular or long-term subcontractors, seek advice on their employment status before creating an enforcement risk.

CIS Registration Check

Under the Construction Industry Scheme, any contractor in construction must verify each subcontractor with HMRC before making the first payment. This is a separate obligation from right to work checks:

1. Register as a contractor with HMRC if you pay subcontractors
2. Verify each subcontractor's CIS registration via the HMRC online service or telephone
3. Deduct tax at source: 20% for verified subcontractors; 30% for those not verified
4. Submit monthly CIS returns to HMRC

CIS applies to subcontractors who are self-employed individuals or partnerships. It does not apply to limited companies in the same way (though gross payment status is available). A self-employed subcontractor who cannot be verified with HMRC as CIS-registered will have 30% deducted rather than 20% — this creates an incentive for subcontractors to be registered.

Frequently Asked Questions

I've used the same subcontractor for years. Do I need to check them?

Until 30 September 2026, if the subcontractor is genuinely self-employed (their own business) you were never required to do a right to work check. From 1 October 2026 you probably are — individual subcontractors in a contractual chain are in scope unless they are genuinely in business on their own account. Long service does not exempt an existing engagement. Review your subcontractor list before the commencement date and check anyone you cannot confidently place outside scope. Where the person's permission to work has an expiry date, a follow-up check is needed before it lapses.

Does CIS verification cover me for right to work?

No. CIS verification tells HMRC's system what deduction rate to apply to a subcontractor's payments. It says nothing about immigration status and gives you no statutory excuse. From 1 October 2026 you need both: CIS verification for tax, and a prescribed right to work check for immigration.

Can I do the check on day one, before they've actually started?

Yes — checks should be done before the person starts work. You can do the check the morning of their first day, before they begin. Ideally, complete the check before the first day to avoid any doubt.

What if the worker can't provide their documents on day one?

You should not allow the worker to start until the check is complete. If genuine reasons prevent document production on day one (documents held elsewhere, etc.), you may contact the Home Office Employer Checking Service if you believe the worker has the right to work but cannot evidence it immediately. Do not assume — get confirmation before allowing work to commence.

Regulations & Standards

• Immigration, Asylum and Nationality Act 2006 (as amended) — Right to work duty; penalties for illegal employment

• Immigration Act 2014 — Enhanced right to work framework; civil penalty increases

• Border Security, Asylum and Immigration Act 2025, Section 48 — Royal Assent 2 December 2025; extends the illegal working regime to workers, individual subcontractors, agency workers and gig/platform workers from 1 October 2026

• Home Office Code of Practice on preventing illegal working — updated 30 June 2026 ahead of the October commencement

• Home Office Guidance: An Employer's Guide to Right to Work Checks — Updated regularly; check GOV.UK for current version

• Construction Industry Scheme (CIS) — HMRC guidance at gov.uk/what-is-the-construction-industry-scheme

• GOV.UK: Right to work checks — an employer's guide — Home Office current employer guidance

• GOV.UK: Prove your right to work (share code) — worker-facing service for generating a share code

• GOV.UK: View Right to Work — Online check service for employers

• HMRC: Construction Industry Scheme — CIS overview and obligations

• taking on staff — Full guide to employing your first worker

• self employment tax — CIS and self-employment tax obligations

• gdpr for trades — Data protection when holding employee/subcontractor records

• contracts — Written agreements with subcontractors