If your business engages subcontractors under the Construction Industry Scheme (CIS), now is the time to review your processes and make sure you're ready.
Right to Work checks - what is changing from 1st October 2026?
Until now, Right to Work checks have largely focused on employees. From 1st October 2026, the requirement is being extended to cover many individuals working under arrangements that fall outside traditional employment, including self-employed workers in certain circumstances.
The change forms part of the Government's wider plans to tackle illegal working and strengthen compliance across sectors where self-employed labour is commonly used, with construction identified as one of the key industries affected.
Why Right to Work checks matter for construction businesses
Construction businesses frequently engage self-employed subcontractors, whether directly or through labour providers. This flexibility is one of the strengths of the industry, but it also means businesses need to be confident that the people carrying out work are legally entitled to do so.
Whether you're appointing bricklayers, electricians, plumbers, groundworkers, decorators or other CIS subcontractors, it's important to understand where your responsibilities lie before work begins.
While many businesses already carry out identity checks as part of their onboarding process, these may not be sufficient to meet the new requirements. Taking the time to review your procedures now could help avoid unnecessary problems once the changes come into force.
How construction businesses can prepare for the new Right to Work rules
Although October may seem some way off, preparing early will make the transition much easier. Construction businesses should consider:
- Reviewing how self-employed subcontractors are engaged across the business.
- Identifying who is responsible for carrying out Right to Work checks.
- Updating onboarding procedures where necessary.
- Keeping clear records of any checks completed.
- Reviewing agreements with labour providers to ensure responsibilities are clearly understood.
- Making sure managers responsible for recruiting or engaging subcontractors understand the new requirements.
Having a consistent process in place will not only support compliance but also help avoid delays when new workers need to start on site.
What happens if businesses don't comply with the new Right to Work rules?
Businesses that fail to meet their legal obligations could face significant consequences, including financial penalties and increased scrutiny from the Home Office.
Beyond any financial impact, non-compliance can also lead to project delays, disruption to labour supply and reputational damage. For construction businesses working to tight deadlines and contractual commitments, these issues can quickly become costly.
Prepare your construction business before October 2026
The construction industry already faces enough administrative challenges without leaving compliance until the last minute.
By reviewing your subcontractor onboarding processes now, you can identify any gaps well before the new rules take effect and make any necessary changes with confidence.
If you're unsure how the new Right to Work requirements may affect your business, please contact your HR or employment law advisor. If you don't have one, or you're unsure where to turn, we'll be happy to point you in the right direction through our trusted network of professional services.
In the meantime, you can find further guidance on the ACAS and GOV.UK websites using the links below: