Right to Work Checks in Construction (UK)

A new bricklayer arrives with a CSCS card and says his tax is sorted. The foreman is ready to sign him in. But neither of those things proves he has the right to do this work in the UK.

This guide explains right to work checks construction firms need in plain English: who you now need to check, how to do it, and what to keep on file. It's for builders, main contractors and subbies in Great Britain and Northern Ireland. The Republic of Ireland has its own rules, which this post doesn't cover.

General information only, not legal advice. The rules are new. What applies depends on how your contracts work. Read the GOV.UK guidance and take advice for your own situation.

The short answer: what changed for construction on 1 October 2026?

Right to work checks used to cover employees. From 1 October 2026, GOV.UK says they also cover workers and some self-employed subbies. Main contractors can also be liable for illegal working further down a subcontract chain, unless they meet set contract rules. The penalty can be up to £60,000 per illegal worker.

Each hire that goes wrong costs you. Work out what hiring really costs you, in pounds, with your own numbers.

What the law now says

The change comes from a UK law, the Border Security, Asylum and Immigration Act 2025. The Home Office's employer's guide to right to work checks, updated for 1 October 2026, sets it out.

For the right to work scheme, you count as an "employer" if you take on someone:

• under a contract of employment (including an apprenticeship)
• under a worker's contract
• as an individual sub-contractor.

The GOV.UK right to work checklist says you must do the check before the person starts work.

Who counts as an "individual sub-contractor"?

An individual sub-contractor can fall within the scheme even if they pay their own tax. The key is who holds the contract with the client, and who hires the person to do the work. Check the real terms and work setup. A self-employed label does not settle it.

Who is usually out of scope? The guide gives examples of a plumber working directly for a householder and a client buying services from a personal service company. Those facts matter. They are not blanket exemptions.

Do not decide from the label alone. Get advice on your own contracts if you are unsure.

Main contractors: "extended liability" down the chain

To protect yourself, the guide says you need a written statement in place before the work starts. Your subcontracts must:

1. require the subcontractor to do proper right to work checks on anyone doing the work
2. stop them subcontracting further without your written consent, and pass the same rules down
3. let you audit their checks
4. let you take action, like suspending or ending the contract, if illegal working is found
5. require them to help with any Home Office investigation, including details of the chain.

You also need to check that the person on site is the person who was checked. The guide gives examples like site passes, attendance systems and checks against training records or cards. The Home Office says to check who is on site at least once in each 24-hour period or shift. This is its advice, not a repeat of the full right to work check.

If a contract lets a worker send someone else in their place, that's called substitution. Any substitute needs a right to work check before they start too.

Our guide to finding reliable subcontractors in the UK covers vetting a subbie's business. Get advice on your contract terms. These points are a summary, not clauses to copy. Keep proof that they work in practice.

What about agency and labour supply?

If an agency hires staff and supplies them for your own use, it stays in charge of their checks. The guide says you need not repeat those checks in a standard agency setup. That differs from a chain set up to meet a client contract.

Our post on construction recruitment agency fees in the UK and Ireland covers what agencies charge.

CSCS and CIS are not right to work checks

Two common mix-ups on site:

• A CSCS card is not proof of right to work. CSCS says a card shows training and qualifications, and is not proof of someone's right to work in the UK.
• CIS verification is about tax. Under the Construction Industry Scheme, you check with HMRC that subcontractors are registered, so you know what to deduct. That isn't an immigration check.

If the arrangement is in scope, you still need a prescribed check. A prescribed check is one done in the way the Home Office sets out.

Want checklists for the rest of your hiring process? Get the free 7 Hiring Mistakes report, which comes with the Recruiter's Toolkit.

How to do a right to work check: the three ways

GOV.UK lists three routes. Do not insist on one route or treat someone worse for how they prove their right to work. Give them a fair chance to use a route open to them.

Check	When it's used	What you do
Home Office online check	Required for an eVisa holder	Use their share code and date of birth on the employer checking service. Match the photo to them. Check the work and hours allowed. Save the result.
Manual document check	Only accepted documents in the checklist	Hold the originals. Check them with the person there, in person or by live video. Check they are genuine, belong to the person and permit this work. Copies alone do not count.
Right to Work digital verification service provider (RtW DVSP)	Optional, for eligible documents	Use a service on the OfDIA register for these checks. Get its report. Match the photo and details to the person. The duty stays with you.

Share codes. The guide says a right to work share code is 9 characters and starts with "W". You can't use codes starting with "R" or "S". A share code lasts 90 days.

British and Irish workers. The manual route accepts current or expired passports, but not cancelled ones. The checklist also has other accepted documents and combinations. A birth certificate on its own is not enough.

Digital limits. Not every identity-check app can do this. Registered services can check some British or Irish passports and Irish passport cards. They can also check some documents sent in digital form by the issuer. What each service offers varies. Read the guide's document rules first.

Online limits. The worker's own screen is not the employer check. Use the employer service. Check the work and hours allowed, not just the photo. If the route fails or a visa decision is pending, use the guide's Employer Checking Service steps. Its Positive Verification Notice can give a defence for a set time.

What to keep on file

The checklist says you must:

• keep a clear copy of each document, in a format that can't be changed, like a PDF
• record the date you did the check (writing a date on the copy on its own isn't enough)
• keep the records for as long as they work for you, plus 2 years, then securely destroy them.

For online checks, save the service's profile page with the photo and date. For a DVSP check, keep its full report. Store the proof safely. Limit who can see it. Do not use a public form to collect passports or share codes.

A correct check can give a statutory excuse. That is a defence against a civil penalty. A passport copy or a tick on a sheet is not enough on its own. It does not protect you if you know they cannot do the work.

Follow-up checks. Most time-limited rights need a new check on or before they end if work will go on. The guide says settled status and EU Settlement Scheme status need no follow-up. A Positive Verification Notice has its own end date. Check again as the guide requires.

An expiry date does not always end the right to work. An application made in time may extend it. Follow the guide's checking steps. Do not guess or end work on that basis alone.

A simple site checklist:

• Check done before day one, not after.
• Copy saved as a PDF, with the check date recorded.
• Expiry date (if any) in your diary.
• Site pass or sign-in matches the person checked.
• New subcontracts include the written statement terms.

Is there a grace period?

There is no general grace period for the October change. Check new starters before work begins. Other, limited rules can apply to staff with pending applications or when a business changes hands. Those rules do not let you start a new person now and check them later.

The rules aren't backdated, though. For the new groups, a penalty can only apply where the work arrangement started on or after 1 October 2026. For liability down a chain, what counts is when the contract was made. A contract made before 1 October isn't caught just because the work carries on after it.

Renewals and changes are less clear. The guide says it depends on whether the change makes a new contract.

What are the penalties?

The guide lists a civil penalty of up to £60,000 for each illegal worker. There can also be criminal sanctions where you know, or have reasonable cause to believe, the person cannot do the work. A missed check is not, by itself, proof of that crime. Read the guide for the full rules.

Build it into how you hire

Make the check part of each in-scope hire. Name who will do it and who covers when they are off. Do not leave it to the gate crew to guess.

Give the checker time to do the job. Set a date for the check before the start. If proof is missing, use the steps in the guide. Do not just wave the person through.

If you're hiring a site manager, our guide on how to hire a site manager in the UK shows where the check fits in. Hiring a bricklayer? Use our interview questions for bricklayers.

General information only, not legal advice. Check the GOV.UK employer's guide and checklist, and take advice on your own contracts.

Want help with your next hire?

Book a free 15-minute discovery call and we will talk through your next hire. Prefer to learn it yourself? The Construction Hiring System course, UK and Ireland edition, teaches the full method.

FAQ

Do I need to do right to work checks on self-employed subcontractors?

Often, yes, from 1 October 2026. GOV.UK says checks now cover individual subcontractors, not just employees. If you've won a job from a client and take on a person to do part of it, they may be in scope. People running an independent business who contract directly with clients are usually out of scope.

Is a CSCS card proof of right to work?

No. CSCS says a card shows training and qualifications, not the right to work. For an in-scope hire, complete the prescribed check before work starts. Use the route that fits their evidence, not just whichever is easiest for you. Check the work allowed and keep the required dated record.

What is extended liability for right to work?

It means a main contractor can be liable for illegal working further down its subcontract chain. To protect yourself, GOV.UK says you need a written statement in your subcontracts before work starts. You also need checks that the person on site is the person who was checked.

How do I check someone's right to work in the UK?

Use the prescribed route that fits their evidence before work starts. An eVisa needs the Home Office online check. Manual checks need accepted originals; digital providers must be registered for this purpose. Check identity and work restrictions. Keep the required evidence securely for the work period plus two years.

What is the fine for employing an illegal worker in the UK?

The Home Office guide gives a civil penalty of up to £60,000 per illegal worker. Knowingly employing someone without permission, or having reasonable cause to believe they lack it, can be a crime. The maximum is five years in prison and an unlimited fine. This is general information, not legal advice.