Hiring a sub? You now need a right to work check too

From today, the rules changed for anyone who brings subcontractors onto a job.

Before 1 October 2026, you were generally only on the hook for right to work problems if you directly employed someone.

That has changed.

Section 48 of the Border Security, Asylum and Immigration Act 2025 is now in force.

It amends the Immigration, Asylum and Nationality Act 2006.

What is different now

The definition of employment for right to work purposes is wider.

It now covers worker contracts, individual subcontractors and online matching services that match workers to clients.

So the plasterer you bring in for three days counts.

The sparks you use through a labour matching app counts.

A new extended liability regime sits alongside this.

A business can face a civil penalty of up to 60,000 pounds for every illegal worker found in its subcontracting chain.

Even if you never had a direct relationship with that worker.

The Home Office published draft guidance this summer to explain how the new rules work.

That covers a code of practice on preventing illegal working, a code on avoiding unlawful discrimination and an employer's guide to right to work checks.

Final versions are expected to follow.

Why this matters for a small trade firm

Most trade firms run lean.

You might have two people on the books and ten different subs across the year.

Under the old rules, the check sat with whoever employed them.

Now the liability can travel up the chain to you.

One missed check on a busy week can become the most expensive admin mistake of the year.

This is not about turning into a border official.

It is about having a paper trail that proves you did the sensible thing.

A simple routine that takes minutes

Build this into the moment a new sub starts on a job, not after.

1. Ask for the right to work evidence before day one, not on the Friday after.
2. Check the original document and copy what matters: document type, expiry date and the date you checked.
3. Record who did the check. If that is you, write your own name.
4. Diary the expiry date. Some permissions are time limited and need a repeat check.
5. Keep everything in one place where you can find it fast if anyone asks.

Five steps, one notebook page or one contact record per person.

What else changed this month

This is not the only new rule landing in October.

The deadline for a worker to bring an Employment Tribunal claim now extends from three months to six.

At the end of the month, employers face tougher duties around preventing harassment, including harassment of staff by third parties.

Small firms with even a handful of employees should read up on both.

Where PlusWise fits

PlusWise keeps your contacts, jobs and notes in one place.

Add the check date and document details as a note on each subcontractor's record.

It then sits right next to their jobs and invoices.

So when you need the paper trail, it is already where you work every day.