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The UK's illegal working regime is due to expand from 1 October 2026 to include non-employee workers, self-employed contractors and online job-matching platforms. In this article, we explore the practical impact of these changes on the creative sector and what businesses can be doing now to prepare for implementation.
Background
Section 48 of the Border Security, Asylum and Immigration Act 2025 considerably extends the relationships within the scope of the illegal working regime and expands liability for an illegal working civil penalty. To read more about the scope of the expansion, see our previous article here.
How will the changes impact creative businesses?
Once the expanded illegal working regime is in place, businesses will be required to carry out right to work checks for individuals engaged under a worker's contract, self-employed contractors, and service providers matched through online job matching platforms. This is a fundamental shift from the current regime, which only covers individuals classed as employees.
Additionally, the Home Office will have powers to apply liability for illegal working civil penalties at any point in a chain of contracts, including making multiple businesses separately liable for the same instance of illegal working. It is not yet clear how these powers will be exercised in practice.
Although the changes don't specifically target creative businesses, the sector's reliance on international talent, non-traditional working arrangements and complex labour supply chains means it could be disproportionately impacted by the expanded illegal working regime.
Examples of this impact could include:
- Film or TV production companies that engage camera operators, sound engineers, and other crew on a short-term basis being required to conduct compliant right to work checks on all such individuals, regardless of contractual status.
- Touring music artists and their entourages entering the UK for performances needing to demonstrate they have appropriate immigration status, and venues and promoters being liable if checks are not completed.
- Fashion businesses that engage freelance designers needing to ensure those designers have the right to work in the UK before the engagement starts.
- Production companies that subcontract elements of work (such as post-production, catering or transport) potentially facing penalties for illegal working even where the company has no direct contractual relationship with the individual worker and is unaware that a specific individual is providing work.
Failure to comply with the expanded regime could result in a civil penalty (which may be up to £60,000 per illegal worker) and/or prosecution for the crime of knowing, or having reasonable cause to believe that a person is being engaged who does not have the right to work in the UK.
When will the changes be implemented and what should creative businesses be doing now?
The Home Office is currently aiming to implement the expanded regime from 1 October 2026, including updated right to work checking processes.
This Summer we are expecting details of how and when the changes will be implemented, revised right to work guidance and a public awareness campaign for businesses.
See our separate article here for further information on the rollout timeline and our general recommendations for what businesses should be doing now to prepare.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
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