Right to work: Home Office consults on revised Code of Practice

The Home Office has published a draft updated Code of Practice on “avoiding unlawful discrimination while preventing illegal working” and has launched a consultation, which closes on 29 April 2026, on the proposed changes to the Code.  The updated Code could lead to an obligation on some employers to undertake wider right to work checks than is currently required.

If approved, the revised Code will apply to all employment commencing on or after 1 October 2026 and to any repeat right to work checks on existing workers carried out on or after that date.

While the draft Code restates the established requirement to carry out right to work checks consistently and without discrimination, it also introduces broader definitions of “employer” and “worker”, extending the requirement to carry out right to work checks beyond employees to include workers, individual sub‑contractors and individuals engaged through online matching or platform‑based services. 

These amendments reflect the incoming changes set out in section 48 of the Border Security, Asylum and Immigration Act 2025, which are being introduced as part of the Government’s ongoing focus on immigration compliance. Once in force, the Act will extend the prevention of illegal working regime to organisations engaging individuals in the gig economy and on zero‑hours arrangements, requiring organisations to confirm that those they intend to engage to work on their behalf have the right to work in the UK. For many businesses, this will significantly increase their obligations, bringing new parts of their workforce into scope for right to work checks for the first time, although sponsors are, of course, already required to carry out right to work checks across a broader cohort, including directly engaged workers.

The draft Code also offers further guidance on the use of digital right to work checks. It acknowledges that technical issues, such as failures with share codes, may prevent online checks from being completed, and confirms that individuals should not be disadvantaged where this is outside their control. The Code reiterates that employers cannot insist on digital checks (except where an individual holds an eVisa), for instance, an individual may prefer to demonstrate their right to work using physical documents, and stresses that the same non‑discrimination principles apply regardless of the checking method used. 

Although the changes are not expected to take effect until October 2026 at the earliest, employers (particularly those relying on non‑traditional workforce models or digital onboarding processes) may wish to use the consultation period to review their right to work procedures and consider what changes may be required to their existing onboarding arrangements. For example, it would be sensible to assess how many additional checks may need to be carried out and the likely operational and financial impacts of this to the business. 

We advise many of the UK’s best-known employers, as well as overseas businesses, on the immigration and employment aspects of recruiting and employing overseas nationals in the UK. If you have any questions, please get in touch with our Business Immigration team.

Co-authored by Megan Summers and Georgia Hanson