Scottish businesses should review how they check a person’s right to work in the UK, as the Home Office Right to Work scheme expands the rules significantly, from 1 October 2026. Businesses may believe they are complying with immigration law but could still face substantial penalties if their right to work procedures do not meet the Home Office’s requirements.
Home Office enforcement against illegal working increases
The advice comes as official figures from the Home Office show a marked increase in enforcement against illegal working, such as recent raids in Fraserburgh and Mallaig.
The Home Office reports that immigration enforcement carried out 7,270 visits across the UK between January and June 2026, a 31% increase on the same period in 2025. Those visits resulted in 4,756 arrests. More than 1,200 businesses were issued with civil penalties during the six-month period, with potential fines totalling more than £74 million. The Home Office says almost 25,000 visits took place in the two years to the end of June 2026, 111% more than during the preceding two years.
How right to work rules change from 1 October
The risks for businesses will change again on 1 October when section 48 of the Border Security, Asylum and Immigration Act 2025 comes into effect.
The legislation extends UK right-to-work requirements beyond traditional employees to include many other individuals providing services, such as self-employed subcontractors and people engaged through online platforms.
It also introduces “extended liability” provisions which mean that, in certain contractual arrangements, a business could potentially face liability even though it does not have the direct contractual relationship with the individual carrying out the work, such as construction companies who work with subcontractors on building projects.
Jacqueline Moore, Partner and Head of Immigration, said:
“The figures show very clearly that Home Office enforcement activity is increasing. Businesses should not assume this is an issue confined to employers deliberately breaking the rules.
“We have seen first-hand how an employer acting in good faith can make what appears to be a relatively small mistake and face a very substantial penalty as a result.
“The changes from 1 October make this more important because businesses need to think beyond the people they would traditionally regard as their employees. Depending on how they operate, workers, individual subcontractors and other people providing services could now come within the regime.
“For some businesses, the question therefore is about more than whether their existing right to work checks are being carried out correctly. They need to understand who they will be responsible for checking under the new rules and whether their contracts and processes give them the protection they think they need under the new regime.
“That has further implications for procurement, contracting, recruitment and basic risk management in businesses.”
Right to work checks and the risk of civil penalties
Businesses can establish a statutory excuse against civil penalty liability by carrying out the prescribed right to work checks correctly. From October, businesses potentially affected by extended liability will also need to comply with requirements relating to the relevant contractual arrangements.
Civil penalties can reach £60,000 for each illegal worker. More serious cases can result in criminal prosecution, while other consequences can include loss of the ability to sponsor migrant workers and, in some sectors, licensing implications.
Understand the new right to work rules
Our specialist business immigration and employment teams can advise businesses to review immigration compliance and provide advice and training for employers preparing for the changes.
For a closer look at what the changes mean in practice, watch our on-demand webinar on the major changes to right to work rules from 1 October 2026. Our team of experts explain the new requirements and the practical steps businesses should consider taking to prepare.
