Minister for Border Security and Asylum (): The Government's focus is on
restoring order, control and fairness to the UK immigration and
asylum system, bringing down net migration and promoting economic
growth. The Border Security, Asylum and Immigration Bill creates
a range of new measures to strengthen UK border security. The
Immigration White Paper, Restoring Control over the Immigration
System, presented to Parliament in May, sets out the planned
reforms to legal migration. A core principle behind our approach
is that the rules must be respected and enforced.
I am launching a consultation on extending the employers and
businesses within scope of the legal requirement to carry out
checks on workers and prevent illegal working. A copy of the
consultation will be placed in the Libraries of both Houses and
it will also be available on GOV.UK.
It remains a criminal offence for migrants to work illegally in
the UK. However, modern labour market models are becoming more
attractive to illegal workers due to the perceived lack of
consequences for working without permission. Illegal working acts
as a pull factor to the UK for irregular migration and is
inextricably linked to low or no pay, as well as indicators of
modern slavery such as inhumane working hours or conditions.
Legislation setting out employer responsibilities to prevent
illegal working has been in place since 1997. Since 2008,
employers have been required to carry out prescribed right to
work checks on all employees regardless of a person's nationality
prior to the start of employment: the Right to Work Scheme.
However, this scheme only applies to individuals classified as an
‘employee'.
The risks associated with this long-standing, narrow scope have
been brought into sharp focus by developments in the modern
labour market. There are whole sectors where businesses can
engage workers without the legal responsibility to complete a
right to work check, for example agency workers and casual
contract arrangements in the gig economy.
Therefore, through changes being made by the Border Security,
Asylum and Immigration Bill, the Government is extending the
scope of employers and businesses required to carry out checks on
their workers and prevent illegal working. This will ensure that
those who engage individuals as casual or temporary workers under
a worker's contract, individual sub-contractors and online
matching services who provide details of service providers to
customers will all be required to carry out right to work checks.
This safeguard will ensure that businesses acting lawfully will
not be undercut on labour costs by those who exploit the system.
The government is committed to supporting employers in preparing
for this change and adapting their processes to ensure
compliance.
The consultation seeks views on how the measure will be enforced,
shaping the guidance and statutory codes of practice that will be
published when the regulatory changes are commenced. The
consultation provides an opportunity to further develop
understanding of the recruitment and employment practices in the
labour market.
The consultation will run for six weeks, closing at 11:59pm on
Wednesday 10 December 2025. The Government will publish its
response thereafter, will finalise the guidance and amend the
statutory codes of practice through secondary legislation.
