Right To Work Changes October 2026
From 1 October 2026, the UK’s Right to Work rules change, and this directly affects logistics, warehousing, manufacturing, food production, and any business using agency labour, even for short shifts.
Under Section 48 of the Border Security, Asylum & Immigration Act 2025, the definition of employer is widening. It now includes anyone whose labour you engage, including:
• agency workers
• casual and zero‑hours workers
• individual subcontractors
• gig/platform workers
This means:
If an agency worker steps into your site for even ONE DAY, you MUST be provided with their valid, in date Right to Work check.
And importantly:
Liability now flows up the supply chain.
If the agency hasn’t done the check properly, the Home Office can pursue you as the end client.
Penalties are now:
• £45,000 per worker (first breach)
• £60,000 per worker (repeat breach)
What you must do from 1 October:
1️⃣ Get RTW evidence from the agency before the worker starts
Correct check. In date. Provided to you.
2️⃣ Keep your own copy
You need your own “statutory excuse”. You cannot rely on the agency’s word.
3️⃣ Update your hiring & booking processes
Anyone involved in booking agency labour must follow the same steps, consistently.
This includes:
• transport planners booking drivers
• warehouse supervisors booking FLT, container unload, or pick/pack labour
• shift managers booking casuals
• production managers booking temps
You already check licences, CPC, forklift certificates, medicals, or training records for these types of rules (or you should be!)……. RTW must now be added as a mandatory step.
4️⃣ Build a process that works even when key people are off
If the person who normally books the workers is off sick, on leave, or unavailable, the RTW step must not be missed.
Create:
• a clear checklist
• a simple agreed process
• shared access to where RTW evidence is stored
• a backup person responsible for compliance
5️⃣ Update your contracts with agencies
Ensure they confirm they will meet the new prescribed requirements and provide evidence every time.
6️⃣ Audit your labour supply chain
If you use multiple agencies, or subcontractors, you must know who is doing the checks and how.
Why this matters...
These changes are designed to close gaps in labour supply chains, especially in sectors where multiple agencies and subcontractors are involved.
If you rely on agency labour, even for short shifts or peak periods, your compliance obligations increase on 1 October.
If you want help reviewing your RTW process or updating your agency agreements, Starlit People can support you.
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