New rules coming into force on 1 October 2026 will extend Right to Work responsibilities beyond traditional employees — with important implications for the construction and masonry sector.
From 1 October 2026, changes to the UK Right to Work Scheme will come into effect, extending the responsibilities placed on businesses to include certain workers, individual subcontractors and other non-traditional working arrangements.
For the masonry sector, where subcontracting and labour-only arrangements are commonplace, these changes are particularly important.
What is changing?
Currently, businesses have a legal responsibility to carry out Right to Work checks on people they directly employ.
From 1 October, the scope of the scheme is being widened.
The new arrangements will cover:
- Individuals engaged under a worker’s contract
- Individual subcontractors
- Certain workers engaged through online matching services
- Some subcontracting arrangements where responsibility can extend further up the contractual chain
The Government has specifically identified construction as one of the sectors where subcontracting arrangements can create gaps in the existing Right to Work system. The changes are intended to address this by extending responsibility for preventing illegal working to a wider range of labour arrangements.
What does this mean for masonry contractors?
This is where the changes become particularly relevant.
A masonry contractor may not only employ bricklayers directly. Labour can also be sourced through:
- Individual subcontractors
- Labour-only subcontractors
- Self-employed individuals
- Agencies
- Specialist subcontracting businesses
- Companies further down a subcontracting chain
The important distinction is that the new rules do not mean every business-to-business subcontracting arrangement automatically requires the main contractor to carry out Right to Work checks on every person in the supply chain.
The Home Office guidance makes clear that the circumstances and contractual arrangements need to be considered carefully.
However, where the new extended liability provisions apply, businesses further up the contractual chain will need to take steps to protect themselves from potential liability.
The subcontracting chain
For example, imagine:
Housebuilder → Main Contractor → Masonry Contractor → Labour/Subcontractor
Under the new arrangements, businesses involved in certain contractual chains may need to demonstrate that appropriate Right to Work checks have been carried out.
Where extended liability applies, the business seeking to protect itself will need to have appropriate contractual arrangements in place with the organisation or individual supplying the labour.
These arrangements can include requirements to:
- Carry out prescribed Right to Work checks
- Prevent unauthorised further subcontracting
- Allow compliance audits
- Take action where illegal working is identified
- Cooperate with Home Office investigations
- Provide information about the contractual chain where required
The Home Office guidance also states that a business may rely on assurances from another employer or service provider that checks have been completed, provided reasonable steps have been taken to satisfy itself that those assurances are reliable.
What does this mean in practice?
For masonry businesses, this could mean that Right to Work compliance becomes an increasingly important part of subcontractor management and procurement.
Businesses should consider reviewing their:
Contracts
Do subcontractor agreements clearly require the subcontractor to carry out the necessary Right to Work checks?
Supply chain procedures
Do you know who is actually carrying out the work on your sites?
Subcontractor onboarding
Are Right to Work responsibilities clearly established before work starts?
Further subcontracting
Can your subcontractors pass work on to another business or individual without your knowledge or approval?
Record keeping
Can you demonstrate that appropriate checks and contractual controls were in place if they are ever challenged?
What about self-employed bricklayers?
This is likely to be one of the most important areas for the masonry sector to understand.
The new scheme specifically brings individual subcontractors within its scope in certain circumstances.
The Home Office guidance states that civil penalty liability for individual subcontractors and workers under these arrangements applies where the relevant engagement commenced on or after 1 October 2026.
This does not mean that simply calling someone “self-employed” removes or creates a Right to Work obligation.
Instead, businesses need to look at the actual working arrangement and contractual structure.
This is particularly relevant to masonry contractors who regularly use labour-only subcontractors or individuals engaged on a project-by-project basis.
Digital Right to Work checks
There are also changes to digital verification.
From 1 October, businesses using a Digital Verification Service (DVS) for Right to Work checks will need to use a service that is appropriately certified and registered under the Government’s Digital Verification Services Trust Framework and relevant supplementary code if they want to obtain the statutory protection provided by the scheme.
The changes also allow a wider range of evidence to be used through approved digital services.
For example, approved digital checks will be able to use certain passports and passport cards that have expired within the previous six months, provided the required chip-reading and validation process is followed.
For most businesses, the simplest route will continue to be following the Home Office’s prescribed Right to Work process and keeping appropriate records.
Don’t forget eVisas
The move towards digital immigration status also continues.
An eVisa is a digital record of an individual’s immigration status and the conditions attached to it, including whether they are permitted to work.
Workers with an eVisa can use a Home Office share code to demonstrate their Right to Work.
Businesses should therefore make sure anyone responsible for recruitment and site onboarding understands how to complete an online Right to Work check correctly.
What should masonry businesses do now?
With the changes coming into force on 1 October 2026, now is a good time for contractors and businesses operating within the masonry supply chain to review their processes.
A simple checklist:
☐ Review your subcontractor agreements
☐ Identify where you use individual subcontractors or worker contracts
☐ Review any labour-only subcontracting arrangements
☐ Check whether your contracts allow further subcontracting
☐ Make Right to Work responsibilities explicit within your supply-chain contracts
☐ Make sure the people responsible for recruitment and onboarding understand the new rules
☐ Review your record-keeping arrangements
☐ Check that any digital verification provider you use meets the new requirements
☐ Make sure your site management teams understand who is authorised to work on site
☐ Consider how you will demonstrate compliance if asked to do so
Why does this matter to the masonry sector?
For an industry already focused heavily on competence, traceability and Building Safety Act requirements, Right to Work compliance should be considered another important part of responsible workforce management.
The changes also reinforce the importance of knowing who is actually carrying out work on your sites and how they have entered the supply chain.
For masonry contractors, housebuilders and other organisations managing subcontracted labour, this could mean greater emphasis on supply-chain assurance, contractual controls and workforce records.
The Government’s stated objective is to close gaps in the existing system and ensure that responsibility for preventing illegal working keeps pace with modern labour arrangements, including subcontracting in construction.
This article is intended as general information members and should not be regarded as legal advice. Businesses should refer to the latest Home Office guidance and obtain independent legal or HR advice where necessary.
Further information
The latest Home Office Employer’s Guide to Right to Work Checks, which comes into force on 1 October 2026, provides detailed guidance on the new arrangements.
