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This practical guide explains how the UK is extending illegal working civil penalties beyond employees to a far wider range of engagements, and what businesses and platforms must now do. The Border Security, Asylum and Immigration Act 2025 contains a provision that widens the illegal working civil penalty regime so that it reaches engagements beyond traditional employment. It amends the Immigration, Asylum and Nationality Act 2006 so that references to employing a person are extended to include engaging an individual under a worker’s contract, engaging an individual sub-contractor, and an online matching service that provides a service provider’s details to clients.
The practical consequence is that, once the relevant provision is in force, the civil penalty regime for illegal working will reach workers, individual sub-contractors and online matching platforms, not only traditional employees. Commencement is governed by regulations made under the Act, and businesses should confirm the current in-force date and any transitional arrangements before relying on specific timing.
This is general information and not legal advice. Businesses and in-house counsel should seek tailored advice on their specific engagement structures and supply chains, and should verify the current commencement position.
For almost two decades the civil penalty regime for illegal working has centred on the employer–employee relationship. Businesses secured protection, the statutory excuse, by carrying out prescribed right to work checks before an employee started work and, where relevant, following up with repeat checks for those with time-limited status. The Border Security, Asylum and Immigration Act 2025 materially widens that framework. The way the UK extends illegal working civil penalties means that organisations which engage labour through worker contracts, individual sub-contractors, or online matching arrangements will need to treat those relationships with the same compliance discipline previously reserved for direct employment.
The definitional change is the critical point. By amending the Immigration, Asylum and Nationality Act 2006, Parliament deems certain engagements to fall within the meaning of “employing” a person for civil penalty purposes. This is a legal device that expands liability: an organisation does not need to be the worker’s employer in the ordinary employment-law sense to be caught. The question becomes whether the engagement falls within one of the newly specified categories. Affected businesses in construction, hospitality, delivery, logistics, labour supply and the gig economy should prepare to act on existing engagements as well as future ones, in line with the commencement regulations.
Crucially, the statutory excuse mechanism is preserved. An organisation can still protect itself from a civil penalty by carrying out the checks the Home Office prescribes. What changes is the universe of relationships to which those checks must be applied. The practical effect is that labour suppliers, main contractors, marketplaces and digital intermediaries will need to embed right to work verification into engagement processes that previously sat outside the scope of immigration compliance.
The extended regime brings four broad categories of relationship within reach of illegal working civil penalties UK-wide. Understanding where your organisation sits, often in more than one category simultaneously, is the first step to managing risk.
In UK employment law a “worker” is a broader category than an “employee”. A worker undertakes personally to perform work or services but need not have the full mutuality of obligation that characterises employment. Historically, the distinction mattered for employment rights but not for illegal working liability, because the civil penalty regime bit only on employees. Once the extension is in force, that will no longer be the case. For compliance purposes, the practical message is that organisations should stop using the worker/employee boundary as a dividing line for right to work checks. If an individual is engaged to perform work personally, verification should be carried out regardless of the precise employment-law label.
Construction and labour-supply models frequently involve layered chains: a main contractor engages a labour supplier, which in turn engages individual sub-contractors or operatives. Because the UK extends illegal working civil penalties to the engagement of individual sub-contractors, parties at each tier must consider whether they are directly engaging an individual and, if so, whether checks have been carried out. Liability does not pass automatically down the chain; each organisation that directly engages an individual sub-contractor must secure its own statutory excuse. This makes contractual flow-down obligations and audit rights important, because an upper-tier business will want assurance that lower tiers are compliant.
The provision reaches an online matching service that provides a service provider’s details to clients. This language is significant. A platform that merely hosts content may sit differently from one that actively supplies a provider’s details to a client to facilitate an engagement. Delivery and courier platforms, home-services marketplaces and on-demand labour apps should review how their model operates against the statutory wording. Where the platform’s function is to connect a client with an individual provider by sharing that provider’s details, the risk of being in scope is high.
The statutory excuse remains the central protection. An organisation that correctly carries out the checks the Home Office prescribes before an engagement begins, and retains the required evidence, will have a defence to a civil penalty if the individual is later found to lack the right to work. The checks must be followed precisely; a partial or late check will not provide protection. Home Office right to work guidance sets out the acceptable documents, the manual and digital check routes, and the record-keeping standards required.
There are established routes to a compliant check, and the correct route depends on the individual’s status and documents:
Applying the correct route to each category of engagement, employee, worker, individual sub-contractor or platform-matched provider, will be essential, because the UK extends illegal working civil penalties across all of them.
A statutory excuse depends not only on carrying out the check but on retaining evidence of it. Retain clear, dated copies of the documents or online check records, recording the date the check was completed. Use consistent naming conventions and secure storage so that evidence can be produced quickly in the event of an enquiry. Records should be retained for the duration of the engagement and for the period after it ends specified in Home Office guidance. For audit purposes, a timestamped, centrally stored record is far more defensible than scattered copies held by individual managers.
Where documents appear inconsistent, where a name does not match, or where there is reasonable doubt about validity or status, the engagement should not proceed on the basis of an incomplete check. In these situations the organisation should pause, seek verification through the Home Office Employer Checking Service where appropriate, and take professional legal advice before engaging. Proceeding despite doubt undermines any statutory excuse and exposes the business to penalty.
For online matching services the mechanics are more complex, because the platform typically does not directly employ or contract with the end client’s chosen provider in the conventional sense. Where a platform is in scope because it provides a provider’s details to clients, it should build verification into provider onboarding, confirming the provider’s right to work before the provider is made available to clients, and retain that evidence. The practical design question is to ensure that no provider’s details are supplied to a client until a compliant check has been completed and recorded.
Because the UK extends illegal working civil penalties to individual sub-contractors, contracts across labour-supply chains should be reviewed. Contractual protection cannot replace an organisation’s own statutory excuse, each party that directly engages an individual must still carry out its own checks, but well-drafted clauses allocate risk, require co-operation, and give upper-tier parties audit visibility over lower tiers. The clauses below are drafting starting points for in-house counsel to adapt; they should be tailored to the specific transaction and reviewed by a qualified adviser.
A short representation and warranty from a labour supplier might provide: “The Supplier represents and warrants that, in respect of every individual engaged, supplied or sub-contracted by it in connection with this Agreement, it has carried out and will maintain all right to work checks required to establish a statutory excuse under the Immigration, Asylum and Nationality Act 2006 (as amended), and will retain evidence of such checks for the periods required by Home Office guidance.” This fixes the supplier’s positive obligation and creates a contractual breach if checks are not performed.
A flow-down and audit clause might read: “The Supplier shall impose obligations equivalent to this clause on every sub-contractor and sub-supplier engaging individuals under this Agreement, and shall procure that such obligations flow down through every tier of the supply chain. The Client shall be entitled, on reasonable notice, to audit the Supplier’s and any sub-contractor’s right to work records and verification processes, and the Supplier shall provide reasonable co-operation and access.” Audit rights are what turn a paper promise into a verifiable control.
Parties should decide how to allocate residual risk. An indemnity in favour of the upper-tier party for losses arising from a sub-tier’s failure to carry out checks is common, though it does not remove the upper-tier party’s own obligation to check individuals it directly engages. A clear schedule of responsibility, setting out exactly which party checks which category of individual, reduces disputes about who was supposed to do what. Insurance should also be reviewed, including whether existing policies respond to associated legal costs, bearing in mind that a regulatory civil penalty itself is typically not insurable as a matter of public policy, even if related liabilities may be.
Because the UK extends illegal working civil penalties to online matching services that provide a service provider’s details to clients, platform operators should treat right to work verification as a core compliance function rather than an afterthought. The goal is to ensure that no provider is surfaced to clients unless a compliant check has been completed and recorded.
Platform terms of service should require providers to hold and maintain the right to work, to co-operate with verification, and to notify the platform of any change in status. Terms should reserve the platform’s right to suspend or remove providers who fail or do not complete verification. Client-facing notices can set expectations about the platform’s verification approach without over-representing the position.
The risk indicator is function. A platform that passively hosts information may be positioned differently from one that actively provides a provider’s details to a client to bring about an engagement. Operators should map their user journeys and identify the precise moments at which provider details are supplied to clients. Where that supply is integral to the matching function, the platform should assume it is in scope and verify accordingly.
Because the extension affects ongoing as well as new engagements, businesses should look backwards as well as forwards. A structured retrospective audit identifies gaps in checks for engagements within scope and drives timely remediation. Confirm the commencement date applicable to your engagements before fixing the review period.
Where a check was missed, carry out a compliant check as soon as possible, record the remediation, and consider whether the engagement should continue pending verification. Formalise informal arrangements into written contracts with the clauses described above. Keep an internal record of issues identified and steps taken, which evidences reasonable steps and supports any representations if a penalty is later threatened. Where serious issues emerge, take legal advice on disclosure and next steps.
| Party | In-scope? | Right-to-work checks required | Contractual obligations | Practical next step |
|---|---|---|---|---|
| Employer (employees) | Yes | Prescribed check before start; repeat checks for time-limited status | Standard employment terms; compliance policies | Confirm existing processes still applied consistently |
| Engager of workers | Yes (under the extended regime) | Prescribed check before engagement begins | Worker terms requiring co-operation with checks | Extend checks to all personally-engaged workers |
| Engager of individual sub-contractors | Yes (under the extended regime) | Prescribed check on the individual before engagement | Representations, warranties, flow-down, audit rights, indemnities | Update subcontractor contracts and verify directly-engaged individuals |
| Online matching service | Yes, where it provides provider details to clients | Verify provider before details are supplied to clients | Terms requiring verification and status notification | Build verification into onboarding; log and retain evidence |
Civil penalties for illegal working are enforced through an administrative process rather than a criminal prosecution in the first instance (separate criminal offences for employing illegal workers also exist in more serious cases). In broad terms, the administrative process follows an investigation, the issuing of a civil penalty notice, and an opportunity for the recipient to make representations, to object to the Home Office and, where applicable, to appeal to the court. Home Office guidance sets out the process and the factors relevant to whether a penalty is imposed and the amount.
The maximum penalty levels are set by the Home Office and have been increased in recent years; confirm the current figures in the Home Office guidance rather than relying on a fixed amount. Aggravating factors typically include previous non-compliance, while demonstrable evidence of reasonable steps, compliant checks, retained records and a robust audit trail, supports mitigation.
The most effective mitigation is prevention: carrying out the prescribed checks for every in-scope engagement and retaining evidence. Where an issue is identified internally, early, documented remediation strengthens any representations. Organisations should appoint a compliance lead, maintain clear records, and keep contractual protections current. Insurance and indemnity arrangements should be reviewed so that, where permissible, associated legal costs and third-party risk are addressed, recognising that the penalty itself is generally not insurable.
The way the UK extends illegal working civil penalties under the Border Security, Asylum and Immigration Act 2025 is one of the most significant widenings of immigration compliance exposure for businesses in years. By amending the Immigration, Asylum and Nationality Act 2006, the Act brings workers, individual sub-contractors and online matching services within reach of the civil penalty regime. The statutory excuse remains available, but only to organisations that carry out the prescribed checks across every in-scope engagement and retain the evidence. Businesses in construction, hospitality, delivery, logistics, labour supply and the gig economy should confirm the commencement position, audit current engagements, update contracts and onboarding, and build verification into their platforms.
For tailored advice, contact a Global Law Experts Business Immigration lawyer in the United Kingdom or visit the Business Immigration, United Kingdom practice area hub.
This article is general information and not legal advice. Specific engagement structures and supply chains should be reviewed with a qualified adviser, and the current commencement and penalty position should be verified against official sources.
This article was produced by Global Law Experts. For specialist advice on this topic, contact Alex Finch at Constantine Law Ltd, a member of the Global Law Experts network.
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