New Right to Work rules for freelancers and casual staff 

New immigration rules mean UK employers must now carry out right-to-work checks for freelance, casual, and self-employed workers. Here’s what employers need to know, and how to stay compliant without unnecessary complexity. 

The UK government has widened its right-to-work compliance requirements under the Border Security, Asylum and Immigration Act 2025. Employers must verify the status of all workers, including those on casual, freelance, zero-hours, or agency contracts. 

If you rely on flexible workers to cover seasonal peaks, specialist projects or fluctuating demand, this could be a big shift in the way you hire staff. 

What's changed? 

Until now, right-to-work checks applied only to individuals with formal employment contracts. But the new legislation extends those checks to cover: 

• Freelancers 

• self-employed contractors 

• casual or gig economy workers 

• zero-hours and agency staff 

The aim is to reduce illegal working by closing a long-standing loophole. However, this also increases the responsibilities of employers when engaging temporary or flexible workers. 

What does this mean for employers? 

The practical impact is an extra layer of administration at a time when teams are already stretched. You may need to revisit how you onboard freelancers or short-term workers, ensuring that your processes now include checking and recording their right to work in the UK. If you have staff managing recruitment without HR or legal support, they’ll need to be confident about what compliance looks like under the new rules. 

It is also worth noting that non-compliance can carry civil penalties of up to £20,000 per worker, along with the potential for enforcement action. For smaller businesses working with limited resources, this can feel disproportionate. But it makes it even more important to take steps now, to reduce the risk of issues down the line. 

How to stay compliant without the overwhelm 

We know that most SMEs don’t have a legal team in-house. That’s why the focus now should be on making small, clear changes to your internal processes.

Start by reviewing your current workforce. If you engage freelancers or independent contractors, make sure you are checking their right to work before any contract begins. If you use agency staff, speak to your supplier to confirm who is responsible for checks and record-keeping and consider implementing your own checks and record-keeping. 

It’s also a good idea to create or update your onboarding checklist, so the requirement is applied consistently across your business. Digital identity tools can help streamline the process and reduce the risk of manual error. 

For official guidance, the gov.uk website offers a starting point. But if you're unsure, it’s worth speaking to a legal adviser to get tailored support. 

Balancing fairness and flexibility 

We understand the pressures on growing businesses. These changes are intended to level the playing field and create a fairer labour market. But they need to work in practice too. With the right guidance, you can meet your compliance obligations and continue to grow your business with the flexible talent you need. 

We’re already supporting clients with reviewing contracts, setting up compliant onboarding procedures and advising on practical ways to reduce risk. If you’d like support with any of these steps, we’re here to help. 

Need help reviewing your onboarding process? 

Our business immigration solicitors can help you build a right-to-work compliance process that fits your business. Whether you need document templates, training, or a review of your recruitment practices, we can guide you through it.