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ARTICLE · 26 OCTOBER 2026

Prevention Of Illegal Working — Key Changes Taking Effect 1 October 2026

Mayer Brown
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The UK's illegal working regime has undergone its most significant expansion since inception, extending right to work obligations beyond traditional employment to encompass workers, individual subcontractors, and platform-based arrangements. A new "extended liability" framework now exposes businesses throughout supply chains to civil penalties of up to £60,000 per illegal worker, even where they lack direct contractual relationships.

United KingdomEmployment and HR
James Perrott
James Perrott
Jalil Seyidov
Jalil Seyidov
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At A Glance

  • Section 48 of the Border Security, Asylum and Immigration Act 2025 came into force on 1 October 2026, extending the right to work checking obligation and civil penalty regime to workers, individual subcontractors and individuals engaged through online matching services, not just employees.
  • A new "extended liability" regime allows penalties to be imposed on businesses throughout a supply chain, even where they do not directly engage the worker.
  • The changes apply to engagements commencing on or after 1 October 2026, and businesses should ensure they map their workforce, update contracts with prescribed terms and revise onboarding processes.

Background

Section 48 of the Border Security, Asylum and Immigration Act 2025 introduces the most significant expansion of the United Kingdom's illegal working regime since its inception. The changes came into force on 1 October 2026, alongside a revised Code of Practice on Preventing Illegal Working.

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