What's Happening?
The UK government is implementing a significant expansion of the right to work regime as part of the Border Security, Asylum and Immigration Act 2025. This expansion will affect all employers, particularly those with sponsor licenses. The new rules require
employers to conduct right to work checks not only on employees but also on self-employed and other directly engaged workers. This change aims to address issues such as underpayment, poor record-keeping, and worker exploitation. The Home Office has increased enforcement actions, with the number of employers losing their sponsor licenses tripling at the end of 2025. Employers must ensure compliance with the new requirements to avoid severe penalties.
Why It's Important?
The expansion of right to work checks represents a major shift in employment law, impacting HR practices across the UK. Employers must now navigate a more complex regulatory environment, which could increase administrative burdens and costs. Non-compliance could result in significant financial penalties and the loss of the ability to sponsor migrant workers, affecting businesses that rely on foreign labor. This change underscores the government's commitment to tightening immigration controls and ensuring fair labor practices. It also highlights the need for employers to stay informed and adapt to evolving legal requirements to maintain their workforce and operational stability.
What's Next?
Employers will need to review and possibly revise their HR policies and procedures to align with the new right to work requirements. This may involve seeking legal advice to ensure full compliance and avoid potential penalties. The government may introduce further legislative changes to support the expanded regime, and businesses should remain vigilant for updates. HR teams will need to educate themselves on the extensive guidance provided by the government, which includes hundreds of pages of documentation. This proactive approach will be crucial in navigating the new regulatory landscape and safeguarding their ability to sponsor foreign workers.
