Right to Work Checks Extending to the Gig Economy

Caroline Cobain
Legal Director
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On 30 March 2025, the Home Office announced that the government plans to extend the rules on illegal working to those working in the gig economy. The gig economy includes individuals who are in non-traditional employment arrangements, in some cases extending to self-employed contractors and those on zero-hour contracts.

The government intends to prevent illegal working in the gig economy by ensuring that employers which hire from the gig economy complete right to work checks on these individuals in the same way as they do with ordinary employees. Therefore, going forward, employers will have an obligation to check that each person they hire has the right to work in the UK.

There are a number of penalties for employers who do not comply with these obligations, including a first offence fine of £45,000 and further fines of up to £60,000 per illegal worker thereafter. Other penalties can include business closure, director disqualifications and, in the most serious cases, a potential prison sentence.

This plan is outlined in the proposed amendments to Border Security, Asylum and Immigration Bill, which is currently being considered by parliament. Thereafter, a consultation with businesses on the changes to right to work checks is expected to follow before any changes are made. The timescale for the changes is therefore currently unconfirmed.

If you would like to discuss the implications of this change, or if we can assist with any other employment law matter, please do not hesitate to contact a member of the team on 0141 331 5150.

Topics: Gig economy, Right to work