With new right to work requirements now in force, Christie Lewis, operations director for identity verification provider TrustID, explains what the changes mean for construction employers and contractors, and what organisations should be doing to ensure their workforce and supply chains remain compliant
Construction projects can involve multiple tiers of contractors, subcontractors, labour providers and self-employed operatives, making it increasingly important to understand who is responsible for Right to Work checks. New requirements introduced under the Border Security, Asylum and Immigration Act 2025 (BSAIA), which came into force on 1 October, have widened the definition of an employer and extended liability across certain contracting arrangements.
For a sector where responsibility for engaging workers can sit across several organisations, understanding where accountability lies and how compliance can be evidenced is therefore critical. Getting this wrong can have significant consequences. In 2025, the Home Office issued 2,438 civil penalties for illegal working, with fines totalling more than £130m.
Employers can face penalties of up to £60,000 per illegal worker, alongside criminal consequences for knowingly employing someone without the right to work. Enforcement activity has also increased within construction. In 2025, there were 290 illegal-working visits to construction businesses, resulting in 588 arrests, compared with 118 visits and 165 arrests in 2024.
For construction organisations, the changes make it particularly important to understand how Right to Work responsibilities apply across different working arrangements and where accountability lies when multiple organisations are involved.
Understanding where responsibility sits across the supply chain
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 to the construction sector, where principal contractors, subcontractors, labour providers and other third parties can all be involved in delivering a project. Clear contractual arrangements should establish who is responsible for completing Right to Work checks, how compliance is monitored and what evidence must be retained to demonstrate that the relevant requirements have been met.
This makes it important for organisations to understand how their right to work processes operate across the full supply chain, rather than assuming responsibility sits solely with the organisation directly employing an individual.
Construction businesses have been among the sectors generating the highest volume of enquiries about the new requirements in recent months. We believe this reflects the sector’s particular exposure to extended liability, given the complex supply chains that can involve multiple contractors and subcontractors.
Protecting against extended liability
Construction businesses should review their contractual arrangements and follow the measures set out in the Home Office guidance to help mitigate the risk of extended liability. These include requiring appropriate Right to Work checks through written contractual terms, controlling further subcontracting, carrying obligations through permitted subcontracting arrangements, including rights to audit compliance and taking action where requirements are not met.
Businesses should also retain evidence that these measures are in place, including contracts, audit records, subcontractor assurances and compliance reviews. Any assurances received should be supported by reasonable steps to establish their reliability.
Hudson Contract, a construction compliance platform, shows how these measures can be implemented in practice. The company completed almost 40,000 Right to Work checks on construction operatives ahead of the 1 October deadline and introduced processes to help clients verify that subcontractors complete the necessary checks before starting work. Its system also alerts clients when a check remains outstanding, helping them identify potential compliance gaps before operatives arrive on site.
Where substitution is permitted, businesses must ensure the prescribed checks are completed before substitutes start work, with responsibility for checks remaining with the appropriate party rather than being delegated to the individual carrying out the work. They should also have controls to confirm that the person arriving on site is the person whose Right to Work was checked.
The guidance also highlights proportionate identity verification measures, which may include workplace ID cards or passes, biometric or attendance systems, facial recognition and checks against training records, qualifications or licences. Depending on the circumstances, re-verification may also be appropriate at the start of a shift or when a worker moves to a new assignment.
These measures are particularly relevant where labour requirements change quickly or workers arrive on site at short notice. Businesses need to ensure their checks and oversight arrangements work in practice across the supply chain, not just on paper.
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 a certified Digital Verification Service Provider listed on the Office for Digital Identities and Attributes (OfDIA) register, giving employers a reliable way to complete relevant checks.
For construction organisations managing large workforces across multiple projects or sites, digital verification can standardise processes and reduce the administrative burden of manual checks. This is particularly valuable when different contractors or teams onboard workers across sites or projects.
However, technology should support a robust compliance process, not replace it. Construction organisations 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 workforce and contractor processes
The new requirements give construction firms an opportunity to review their right-to-work processes across the workforce and supply chain. 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 working with subcontractors, labour providers and other third parties should also review where responsibility for checks sits and whether they have sufficient oversight of the processes being followed.
Ultimately, compliance goes beyond completing individual checks. Construction businesses need to ensure their processes are effective in practice, with appropriate safeguards and oversight across their supply chains. These steps can help organisations identify potential gaps, manage the risks of extended liability, and demonstrate compliance when required.
