New Right to Work Checks for Self Employed Operatives.
Published 14/9/2026
From 1 October 2026, businesses engaging self-employed construction operatives will face new Right to Work responsibilities. Operatives and substitutes must not start work on site until the required Home Office-compliant check has been completed.
For construction businesses, this is a practical issue that needs to be built into everyday site procedures. This article provides general information only and is not legal advice. Businesses should obtain appropriate professional guidance about their individual circumstances.
What changes from 1 October 2026?
The key change is that businesses must check the Right to Work of certain self-employed individuals and substitutes before they begin work.
Many businesses have traditionally focused their Right to Work procedures on employees. However, construction businesses often engage labour through self-employed arrangements, short-term contracts, referrals, labour-only work and substitute arrangements.
From 1 October 2026, businesses should not assume that self-employed operatives fall outside their responsibilities. If a person is coming onto site to carry out work, the business needs to ensure that the appropriate Right to Work check has been completed before the person starts.
The same applies where an operative sends a substitute. A check completed for the original operative does not automatically cover the substitute.
What are the potential penalties?
Under the Border Security, Asylum and Immigration Act 2025, failure to comply may result in fines of up to £60,000 per operative.
Knowingly engaging someone who does not have the right to work may also result in a criminal conviction and a prison sentence of up to five years.
The potential liability can increase quickly where several people are allowed to work without the appropriate checks. This is why businesses should treat the process as a condition of starting work, rather than paperwork that can be completed later.
Why is this particularly important for construction businesses?
Construction work often operates under tight deadlines. Labour may be required at short notice, a foreman may recommend an available operative, or a subcontractor may send a replacement worker unexpectedly.
These situations can create pressure to allow someone onto site immediately. However, if the required check has not been completed, allowing the person to begin work may expose the business to significant risk.
The fact that an operative only works for one day, or that the check is completed afterwards, may not remove the risk of an earlier breach.
The practical question for every site should be:
Can the business demonstrate that the person has passed the required Right to Work check before starting work?
If the answer is no, the person should not begin.
Who needs to be checked?
Businesses should consider their procedures for self-employed individuals engaged for:
Short-term site work
Labour-only work
Specialist trades
Weekend or emergency cover
Replacement shifts
Work carried out through a substitute arrangement
Substitutes require particular attention. If an operative cannot attend and sends another person, the substitute is a separate individual and should have their own Right to Work check completed before starting.
Businesses should not rely on verbal assurances, previous checks or the original operative’s documentation.
Checks must happen before work begins
A check that is still in progress is not the same as a completed check.
Businesses should avoid allowing an operative to:
Begin work while documents are being requested
Start an induction before eligibility has been confirmed
Work for a short period while paperwork is finalised
Rely on a verbal confirmation from a third party
A suitable instruction for site teams is:
“You cannot start work until the required Right to Work check has been completed and passed.”
This should be communicated before the operative travels to site wherever possible.
How should businesses prepare?
Businesses should move the process earlier. If an operative is due to start on a Monday, request the necessary information during the previous week. This gives time to identify missing documents, resolve questions and obtain appropriate confirmation before the planned start date.
A sensible process should include:
Sending the contract or engagement information in advance
Explaining what evidence the operative may need to provide
Setting a deadline for the required information
Confirming that the check has been completed before the start date
Keeping an appropriate record of the check and its outcome
Ensuring the person arriving on site matches the person checked
Repeating the process for every substitute
Early preparation reduces the risk of delays and avoids placing site managers under pressure on the morning of a start.
What about short-notice starts?
Short-notice work will continue to arise, particularly on reactive projects and busy construction sites. However, urgency does not remove the need for the check.
If there is not enough time to complete the process in advance, the operative should be told clearly that they cannot start until the check has been completed.
Depending on the individual’s circumstances, they may need to provide appropriate evidence, such as:
A passport, where applicable
A valid Home Office share code
Other information required to complete the check
The business should identify who is responsible for carrying out the check and who has authority to confirm that the operative can start. No one should be allowed to begin simply because a supervisor believes the documentation will be provided later.
Who needs to understand the process?
The procedure must be understood by anyone who can approve or permit a new start, including:
Foremen
Site managers
Supervisors
Labour coordinators
Project managers
Office staff arranging labour
Anyone dealing with substitute operatives
These individuals do not need to become immigration law specialists. They do need to understand the operational rule:
No completed and passed check means no start.
The process should be included in onboarding instructions, start confirmations, site access arrangements and induction procedures.
What should your business do now?
Before 1 October 2026, construction businesses should:
Review current procedures for engaging self-employed operatives.
Identify who is responsible for requesting and completing checks.
Brief site managers and supervisors on the “no check, no start” rule.
Introduce a process for substitutes, ensuring each person is checked separately.
Request information early, rather than waiting until the first day.
Keep appropriate records showing that checks were completed before work began.
Use a reliable checking provider or obtain suitable professional advice where required.
Final takeaway
From 1 October 2026, Right to Work compliance will need to be treated as part of the construction start-work process.
The safest approach is straightforward:
Check first. Start second.
Do not rely on informal approval, incomplete paperwork or a check carried out after work has begun. Make sure everyone responsible for bringing people onto site understands the process, and ensure substitutes are treated as separate individuals.
What role can Brian Pusser and BR Pusser & Co Ltd provide?
Brian Pusser and BR Pusser & Co Ltd can provide practical support and guidance to help construction businesses understand the new requirements and review their internal procedures.
This support may include helping businesses consider:
How Right to Work responsibilities apply to their operating model
When checks should be requested
How to communicate requirements to operatives
How to deal with substitutes
What records and confirmations should be retained
How to create a clear “no check, no start” process
The business remains responsible for ensuring that the appropriate Home Office-compliant check is completed by a suitable checking provider or authorised person before the operative starts.
Businesses should also obtain specialist legal or immigration advice where necessary.
Contact BR Pusser & Co Ltd to discuss how your construction business can prepare for the new Right to Work requirements.
This article is for general information only and should not be treated as legal, immigration or compliance advice.
Ready for the New Right to Work Rules?
From 1 October 2026, every self-employed operative and substitute must have a compliant Right to Work check completed before starting work on site.
Don’t leave compliance until the morning of a start date. Send contracts early, check operatives in advance and make sure your site team knows that no passed check means no start.
Take action now
Review your current onboarding process.
Brief your foremen, site managers and supervisors.
Make sure substitutes complete their own checks.
Confirm that the contract has been accepted and the Right to Work check has passed before allowing anyone on site.
Contact BR Pusser & Co Ltd today to find out how we can help your business prepare for the new rules and manage Right to Work checks for self-employed construction operatives.
Check first. Start second. Stay compliant.
