Legal publisher LexisNexis reports that the Home Office has quietly issued a revised draft of its Employer’s Guide to Right to Work Checks, incorporating new language on the ‘extended liability’ rules due to start on 1 October 2026 under the Border Security, Asylum and Immigration Act 2025. For the first time, the draft confirms that civil penalties—currently up to £45,000 for initial breaches—will apply not only to direct employment but also to contractors, gig-economy platforms and even online labour-match services that facilitate self-employed engagements. The guidance clarifies that where onboarding is fully digital, employers must capture and store real-time screen recordings as evidence of identity verification, not merely static screenshots. The update also warns that employers should refrain from allowing a worker to start on a conditional contract before online Home Office checks clear, closing a compliance loophole often exploited in seasonal hospitality. Businesses will have just 15 days, down from 28, to rectify ‘knowingly’ employing an unauthorised worker before fines are imposed. Global mobility managers must review vendor agreements, particularly for cleaning, catering and IT contractors supporting overseas assignees in the UK. Internal audit teams should verify that assignment management software can store larger video files and that data-protection impact assessments cover biometric information captured during remote checks. Failure to comply could jeopardise sponsor licences and derail time-sensitive project deployments.
Source: LexisNexis Legal News
