The Home Office has announced its intention to broaden the scope of the UK’s illegal working prevention scheme, with significant implications for organisations that engage individuals through non-traditional working arrangements. Under the proposed changes, businesses hiring people on zero-hours contracts or through gig economy platforms will be legally required to verify that those individuals have the right to work in the UK before they begin working regardless of the nature of the contract or working pattern.
This expansion of the scheme will apply to a wide range of sectors where flexible labour models are common, including construction, courier services, food delivery, and beauty or wellness industries. Companies that rely on subcontractors or third-party platforms to source workers will also fall within the scope of the new requirements.
Increased Enforcement and Penalties
The penalties for failing to carry out the appropriate right to work checks are severe. Businesses that breach the requirements may face fines of up to £45,000 for a first offence, rising to £60,000 per illegal worker for repeated breaches. In more serious cases, further consequences may include temporary business closure, director disqualification, and criminal prosecution, with the possibility of custodial sentences of up to five years.
Operational Implications for Employers
These proposals are likely to place a considerable administrative burden on organisations operating in high-turnover or seasonal industries. Employers will need to review and update their recruitment and onboarding processes to ensure compliance. This includes providing training for managers and recruitment teams responsible for verifying employment eligibility and maintaining appropriate records.
Legislative Context and Next Steps
The proposed changes are part of a wider package of measures contained in the draft Border Security, Asylum and Immigration Bill, which is currently under consideration in Parliament. Should the legislation pass, a formal consultation process with affected businesses is expected to follow, focusing on the practicalities of implementing the extended checks.
