Member question - Do I need to conduct right to work checks on contractors?

All employers have a duty to prevent illegal working and so need to conduct right to work checks to ensure both new recruits and current employees are allowed to work in the UK.

But what are the duties when an organisation is looking to engage agency workers or self-employed contractors? Should your business carry out right to work checks on such individuals?

For the answer to this question we need to refer to the Employer's guide to right to work checks: 12 February 2025 - GOV.UK.

This guidance urges employers to carry out right to work checks on anyone entering a working relationship which including self-employed individuals and anyone sent as a substitute.

The guidance states:

“Even if the workers you use or supply are not your employees (within the meaning of legislation) there are compelling reasons why you should check that any such workers have a right to work in the UK.

Examples include:

• If illegal workers are removed from your business, it may disrupt your operations and result in reputational damage.

• There could be adverse impacts on your health and safety and safeguarding obligations, as well as potential invalidation of your insurance, if the identity, qualifications and skill levels of individuals doing work for you are not as claimed.

• Right to work checks are also a requirement of the majority of international best practice standards and the audits that go with them.

The guidance states “you are strongly encouraged to check that your contractors and labour providers carry out right to work checks in accordance with this guidance on people they employ, engage or supply (or carry out these checks yourself). This includes anyone in your supply chain using a substitute to perform work on their behalf.”

Employers may perceive that they are at are at a low risk from checks being taken on their workers. But a news story on the Gov.UK website ‘Arrests for illegal working up after Home Office crackdown - GOV.UK’ tells us that illegal working arrests have increased by 25% since the general election in July 2024.

Employers must be vigilant to prevent illegal workers operating within their supply chain and across their workplaces as this is an area of ongoing focus for the current government.