Right to Work Changes for Charities from October 2026

1st October 2026

Major changes to the UK’s Right to Work regime take effect on 1 October 2026. The new rules extend compliance obligations beyond traditional employees and could affect charities, social enterprises and voluntary organisations that engage agency workers, casual staff, freelancers and contractors.

The Home Office published an updated draft of the Employer’s Guide to Right to Work Checks, signalling the most significant expansion of the UK illegal working liability in years.

Why These Changes Matter for Charities and Third Sector Organisations

Many third-sector organisations use:

• Sessional workers
• Casual workers
• Agency staff
• Freelancers and contractors

Therefore, managers and recruiters need to understand when RTW checks are required and who is responsible for carrying them out. The October 2026 changes are likely to make this more important than ever.

What‘s changing exactly?

The expansion of the Right to Work Scheme marks a significant shift in compliance obligations for organisations.

From 1 October 2026, Right to Work requirements may apply not only to employees but also to individuals engaged under worker contracts, zero-hours staff and individual self-employed subcontractors, or freelancers.

This development is particularly relevant for charities, social enterprises, and voluntary organisations that rely on flexible, agency, or contractor-led models to deliver services. Organisations will need to assess their workforce to determine who needs a Right to Work check and put processes in place to manage those checks.

What‘s not changing?

The good news is that it’s not a wholesale rewrite of everything.

The methods for carrying out Right to Work checks remain the same, but the range of individuals who may require checks is expanding.

The recognised checking routes, i.e. manual checks, Home Office online checks, and eligible digital verification, and existing penalty levels will also remain the same, including fines of up to £60,000 per illegal worker for repeat breaches.

How to Carry Out a Right to Work Check

Employers need to establish a statutory excuse to protect their organisation from the penalties of illegal working.

There are three approved ways to conduct a Right to Work check:

• Manual check – this involves checking documents from the Home Office List A or List B. Although this seems straightforward there is a requirement to check the validity of the document and specific requirements around the photocopying of documents.

• Home Office Online Check – this is where a prospective employee gives you a “Share Code” to carry out an online check.

• Digital Verification Check – use an online service to complete your check. From 1 October 2026, the Digital Verification Service (DVS) must now be specifically authorised for right to work checks on the Office for Digital Identities and Attributes register, and general identity verification authorisation alone will not be sufficient.

Regardless of how you do the check you must keep a record of the check as evidence and keep it for the duration of the employment plus 2 years after.

Recommended Actions for Organisations

To prepare for the October 2026 changes, organisations should consider taking the following steps:

1. Map your Workforce: Identify all non-employee engagements, including agency workers and contractors.
2. Update Contracts: Include explicit information on Right to Work checks.
3. Verification: If you use a company for digital checks, confirm that they have proper authorisation.
4. Notification: Update everyone in the organisation who handles recruitment to ensure they know how to conduct a Right to Work check.

You can also call us on 0141 354 6515 or email peopleservices@gcvs.org.uk