The October 2026 Right to Work Changes: What Enterprise TA Leaders Need to Know
For Talent Acquisition (TA) leaders and recruiters managing enterprise or high-volume hiring, compliance is just as critical as speed. Over the past few years, the UK labour market has shifted heavily toward flexible, gig, and contractor-based models. Now, the legislation is catching up.
Starting on 1 October 2026, significant amendments under the Border Security, Asylum and Immigration Act 2025 (BSAI 2025) will come into effect. Based on the recently published Home Office draft guidance, the definition of an “employer” is expanding, bringing new compliance obligations for hiring teams. Here is what enterprise recruiters need to know to prepare.
Key takeaways
- Map Your Supply Chain: Identify exactly how labour enters your business, including agencies, gig platforms, and subcontractors.
- Clarify Responsibilities: Create written statements with your third-party suppliers that explicitly outline who holds responsibility for completing RtW checks.
- Control Substitutions: If contracts allow workers to send substitutes, establish rigorous controls, such as periodic face-matching or robust workplace ID systems, to ensure the substitute also holds a valid RtW check.
- Partner with a Certified DVSP: Ensure your digital identity verification partner is fully certified and equipped to handle high-volume onboarding seamlessly.
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A Broadened Definition of the “Employer”
Historically, Right to Work (RtW) checks have been the strict domain of traditional, direct employment relationships. The upcoming changes fundamentally alter this. The new draft extends RtW obligations to cover individuals working under a “worker’s contract,” individual subcontractors, and those sourced through online matching services.
For enterprise businesses relying on a vast, flexible workforce, such as those in logistics, retail, hospitality, or construction, this is a seismic shift. If your high-volume hiring ecosystem relies on non-standard working arrangements, these workers will now sit firmly within your compliance framework.
The Reality of Extended Liability
Perhaps the most crucial update for TA leaders is the introduction of “extended liability.” The Home Office draft makes it clear that civil liability for illegal working can now stretch across the labour supply chain.
If a direct employer (such as an agency or sub-tier contractor) fails to complete a check or cannot be identified, the liability can travel up the chain to the contractual employer. With civil penalties currently sitting at a staggering £60,000 per illegal worker, turning a blind eye to how your third-party partners handle RtW checks is no longer an option.
Stricter Rules for Digital Checks
High-volume recruitment demands scalable onboarding, making digital RtW checks the most efficient route. However, the rules surrounding them are tightening. From October, employers choosing the digital route must use a Digital Verification Service Provider (DVSP) that is officially registered with the Office for Digital Identities and Attributes (OFDIA).
The Home Office is also cracking down on non-compliant manual workarounds. Relying on screenshots, informal evidence, or simply receiving an eVisa share code without accessing the portal yourself to verify the candidate’s photo is a direct breach that could trigger massive fines.
| Feature | Standard recruitment screening | Oleeo screening software |
|---|---|---|
| Selection criteria | Uses static keywords, relying on exact matches such as “5 years experience” or specific university names. This approach may overlook candidates with transferable skills or high potential. | Uses predictive personas, scoring candidates based on potential, transferable skills, and historical success data. This ensures top talent is identified even if they don’t match exact keywords. |
| Speed & volume | Manual bottlenecks occur because recruiters must review each CV individually. The average hiring process takes about six weeks. | Instant ranking. AI automatically evaluates thousands of applicants in seconds, generating a shortlist of top candidates immediately. |
| Bias control | High risk of bias. Manual redaction is slow, and unconscious bias is often overlooked or inconsistently applied. | Automated fairness. Built-in diversity checks and blind screening ensure a balanced shortlist based on merit. |
| Recruiter focus | Administrative. Recruiters spend excessive time filtering out unqualified applicants rather than engaging top talent. | Strategic. Recruiters focus on engaging only the most suitable candidates, increasing productivity and effectiveness. |
Action Steps for Enterprise Recruiters
With October approaching, TA leaders must move quickly to audit and update their processes:
- Map Your Supply Chain: Identify exactly how labour enters your business, including agencies, gig platforms, and subcontractors.
- Clarify Responsibilities: Create written statements with your third-party suppliers that explicitly outline who holds responsibility for completing RtW checks.
- Control Substitutions: If contracts allow workers to send substitutes, establish rigorous controls, such as periodic face-matching or robust workplace ID systems, to ensure the substitute also holds a valid RtW check.
- Partner with a Certified DVSP: Ensure your digital identity verification partner is fully certified and equipped to handle high-volume onboarding seamlessly.
The October 2026 Home Office draft represents a fundamental shift in workforce compliance. By modernising your hiring ecosystem now, you can protect your organisation from severe penalties while keeping your onboarding fast, flexible, and fully compliant.
If you would like help with right to work checks, get in touch today to explore our range of digital right to work tools!
“Intelligent selection is possible by harnessing machine learning algorithms to make prescriptive recommendations using the evidence of abilities, competencies, skills & experience. It helps recruiters make better informed decisions in a fraction of the time and hire even faster based on predictive scoring.”
– Charles Hipps, CEO and Founder of Oleeo
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FAQ
“What is the difference between an ATS and a recruitment CRM?”
Think of an ATS (Applicant Tracking System) as your system of record—it manages the workflow, compliance, and processing of active applicants who have applied to a specific job. A CRM (Candidate Relationship Management) is your engagement tool—it helps you build relationships with passive candidates and talent pools before they apply, or nurture them for future roles if they weren’t selected this time.
“Is an Applicant Tracking System (ATS) still necessary for recruitment?”
Yes, absolutely. While AI and social media tools are flashy, the ATS remains the backbone of the hiring process. It is essential for compliance, data management, and acting as the central hub where all your other tools (like background checks and video interviews) connect. Modern ATS platforms like Oleeo have evolved to include the advanced automation features that older systems lacked.
“Are an ATS and a Recruitment Management System (RMS) the same thing?”
They are often used interchangeably, but an RMS is typically a broader term. While an ATS focuses on tracking applicants, an RMS often implies a more holistic suite that includes the ATS, the CRM, event management, and onboarding tools all in one platform. Oleeo, for example, functions as a comprehensive RMS for high-volume hiring.
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