New right to work rules put hospitality staffing models under the spotlight
For hospitality and leisure businesses, the latest changes to the right to work regime are not simply a compliance issue; they create a clear commercial risk by extending the regime from employees to a much broader category of workers. Operators that rely on seasonal, casual, agency or contractor labour will need greater visibility over who is working across their business and supply chain, tighter controls over labour suppliers and more robust processes to avoid penalties, disruption to staffing and reputational damage. With workforce flexibility central to the sector’s operating model, businesses that prepare early will be better placed to protect service delivery, manage costs and reduce exposure when the new rules take effect.
The Government has published a draft Code of Practice which provides the clearest indication yet of significant changes to the UK's right to work regime. Following a commencement order published on 30 June 2026, we now know with certainty that new rules will take effect from 1 October 2026 and will substantially widen the range of individuals who must undergo right to work checks.
Why does this matter?
Until now, right to work checks have focused on employees. However, under proposals contained in the Border Security, Asylum and Immigration Act 2025, the regime will be extended to include a much broader range of working relationships, including:
Casual and zero-hours workers
Agency-supplied labour
Self-employed contractors
Individual subcontractors
Workers engaged through online platforms and gig economy arrangements
This reflects the Government's intention to modernise immigration compliance rules and address perceived gaps in sectors that rely heavily on flexible staffing models.
These changes represent the most significant expansion of the UK's right to work regime in decades.
The challenge for employers is that many organisations may currently have limited visibility over the immigration status checking processes applied to contractors and other non-traditional workers.
Impact on the hospitality and leisure sector
The hospitality and leisure sector is particularly likely to be affected given its wide spread use of temporary workers, seasonal staff, agency workers, flexible labour arrangements and gig economy workers.
Businesses may no longer be able to assume that responsibility for immigration checks sits solely with the employer. Employers will need to understand where responsibility lies, ensure appropriate checks are conducted and maintain records capable of establishing a statutory excuse against potential civil penalties.
What should employers do now?
Although the changes are not yet in force, they will come into force in October, as such businesses should use the lead-in period to:
Review current right to work checking processes
Identify all categories of workers engaged by the business
Assess arrangements with recruitment agencies and labour suppliers
Clarify internal ownership of immigration compliance
Train HR, recruitment and operational managers on right to work obligations
Update policies and procedures to reflect the anticipated expansion of the regime
Those that wait until the legislation takes effect risk finding themselves exposed to significant civil penalties and reputational damage. The message from government is clear: right to work compliance is no longer confined to traditional employment relationships."
Key takeaway
For employers in the hospitality and leisure sectors, right to work checks will be an important consideration throughout your supply chain and labour relationships. With the proposed expansion of the right to work regime, businesses should review their workforce models now to ensure they are prepared for the new requirements and minimise the risk of costly civil penalties when the changes are implemented in October 2026.
If you would like to join our hospitality sector right to work webinar you can sign up here
If you would like support reviewing your current approach, training HR or recruitment teams, or understanding how these developments may affect your workforce, our Business Immigration team would be happy to assist.
The content of this page is a summary of the law in force at the date of publication and is not exhaustive, nor does it contain definitive advice. Specialist legal advice should be sought in relation to any queries that may arise.
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