What new right to work requirements mean for HR leaders

With new right to work requirements now in force, Christie Lewis, operations director for leading identity verification provider, TrustID, explains what the changes mean for HR teams and employers, and what they should be doing to ensure their recruitment and onboarding processes are compliant.

New requirements introduced under the Border Security, Asylum and Immigration Act 2025 (BSAIA) came into force on 1 October, expanding who can be considered an employer for right to work purposes and extending liability in certain contracting arrangements. This creates new considerations for organisations using workers, contractors and third parties.

The financial consequences of getting Right to Work checks wrong are significant. In 2025, the Home Office issued 2,438 civil penalties for illegal working, with fines exceeding £130 million. Employers can also face penalties of up to £60,000 per illegal worker, while knowingly employing someone without the right to work can result in criminal consequences.

For HR leaders, this means looking beyond an updated onboarding checklist to understand where responsibility for checks sits, how the changes apply across their workforce and whether processes can demonstrate compliance.

Understanding where responsibility sits

Under the latest changes, the definition of an employer has expanded to cover certain individuals engaged under a worker’s contract, individual subcontractors and some arrangements involving online matching services. The legislation also introduces extended liability, meaning responsibility can, in some circumstances, extend beyond the organisation with the direct contractual relationship.

This is particularly relevant for organisations with complex workforce models that rely on recruitment agencies, contractors, outsourced services or other third parties. Where multiple organisations are involved, it is important to establish who is responsible for checks and what evidence must be retained.

For HR teams, contractual responsibility may not be enough. Organisations seeking to establish a statutory excuse against extended liability need to demonstrate that the relevant requirements were met and that arrangements operated effectively in practice. The Home Office may consider the contractual structure, roles and responsibilities of those involved and the evidence available when assessing compliance.

From having a policy to proving compliance

This makes effective record keeping important. HR teams should be able to demonstrate not only that the appropriate Right to Work check was completed, but that the process was followed correctly and evidence can be retrieved when needed.

The changes place greater emphasis on identity verification in some working arrangements. Where substitution is permitted, for example, organisations need to consider how they can establish that the individual carrying out the work is the person whose Right to Work has been checked.

For HR leaders, this highlights the difference between having a policy and having an effective process. A policy may state that checks must be completed before someone starts work, but organisations also need to consider what happens when recruitment is taking place at short notice, when a worker is substituted or when different managers and locations are involved in onboarding.

Consistency is key. If one part of an organisation follows a robust process while another relies on informal checks or incomplete records, the overall process can be difficult to evidence. HR teams should therefore consider whether managers understand their responsibilities and whether there is a straightforward way for them to complete and evidence the required checks.

How technology can support consistent checks

Organisations can also consider how technology can support a more consistent approach to Right to Work checks. The updated guidance recommends digital verification through independently certified Digital Verification Service Providers, giving employers a reliable way to complete relevant checks.

For organisations managing high-volume recruitment or workforces across multiple sites, digital verification can standardise processes and reduce the administrative burden of manual checks.

However, technology should support a robust compliance process rather than replace it. HR teams still need to understand who is responsible for the check, when it needs to happen and what evidence needs to be retained.

A chance to review the whole onboarding process

The new requirements provide a timely opportunity for HR leaders to review their onboarding processes from end to end. This means looking beyond whether policies are up to date and ensuring responsibilities are clear, checks are completed before work begins and evidence can be easily retrieved when required.

Organisations using recruitment agencies, contractors or other third parties should also review where responsibility for checks sits and whether they have sufficient oversight of the processes being followed.

Ultimately, right to work compliance needs to be embedded into how organisations recruit and manage their workforce, rather than treated as an administrative step at the end of the hiring process. Reviewing these processes now can help HR teams identify gaps, improve consistency and ensure they are prepared to demonstrate compliance.

For more information about Right to Work checks and onboarding, visit https://www.trustid.co.uk/.

Christie Lewis is operations director at TrustID, a certified Digital Verification Service Provider that helps organisations simplify identity checks, reduce fraud and streamline onboarding.