Do You Need to Perform Right to Work Checks on Freelancers in the UK?

The UK government has been working hard to eradicate illegal working completely from the country. This means that businesses of all sizes must remain prepared for significant changes, especially those that rely heavily on freelancers.

For businesses that hire freelancers, gig employees, or zero-hours contract staff, here's the million-dollar question: Do you need to carry out right to work checks on them, just like you do for traditional employees?

The short answer? Yes. And soon, it’ll be the law.

Let's talk about what's going on, why the right-to-work check matters, and what you need to do to stay in compliance.

What Do Right to Work Checks Mean in the UK?

Before diving into the gig economy, let’s first rewind to what RTW checks mean.

Right to work checks are a mandatory legal requirement that employers must fulfil before hiring someone. This helps you understand if the candidate is legally allowed to work in the UK. These checks serve as a statutory excuse (i.e., a legal defence) against civil penalties, by protecting employers from hiring someone who doesn’t have the appropriate immigration status.

Different ways to conduct right-to-work checks

There are three ways to conduct right to work checks in the UK:

• Manual Right to Work Check: This is a physical method of reviewing the right to work documents, like the passport.
• Online Right to Work Check using the Share Code: This is conducted through the Home Office online checking service, using the share code, for those with digital status under the UK immigration system.
• Digital checks using an Identity Service Provider (IDSP): This is mostly used for British and Irish passport holders.

What’s Changing and Why?

On 30th March 2025, the UK Home Secretary announced that businesses will be legally required to carry out right to work checks for all employees, including:

• Freelancers
• Self-employed contractors
• Gig economy employees
• Zero-hours contract workers

So, whether that’s a courier delivering parcels, a stylist working in a salon, or a delivery driver working for a food app, the government has made a wider plan to bring order to the immigration system and prevent illegal working across every corner of the labour market.

Why This New Policy?

This is not only about red tape; this action aims to safeguard vulnerable migrants, curb illegitimate employers, and level the playing field between established companies and those who use flexible labour models. There has been a 51% rise in arrests due to immigration enforcement efforts since July 2024, with over 4,700 people jailed and thousands of civil penalties issued.

The government is serious and determined, and that much is obvious.

How Does This Affect Freelancers and Gig Workers?

Previously, the UK government did not consider freelancers and gig workers as “employees” under the law. This meant that the employers had no legal obligation to perform right-to-work checks on them, unless they were sponsored by the employer under a visa route. But now, things are going to change, according to the latest policy.

You shall have a legal responsibility soon to conduct right to work checks in the UK if a person is working on your behalf, whether as an independent contractor or under a contract of employment. This would include verifying immigration status and, crucially, ensuring that the person doing the job is the same individual the documents belong to.

Which Businesses will this Impact the Most?

Industries that are likely to feel the impact most immediately are the ones that rely heavily on casual labour, such as:

• Hospitality
• Construction
• Logistics and delivery
• Beauty and salon services
• App-based gig platforms

If you’ve previously relied on self-employed or gig workers without doing any RTW checks, your hiring and onboarding processes need a serious review.

How to Carry Out a Right to Work Check the Right Way

The steps for checking the right to work status remain the same for all forms of employees, whether someone is full-time, part-time, freelance, or gig-based.

Here’s a quick overview of how it works:

1. For British or Irish Nationals
   • Manual check: You must see their original documents (e.g., passport) in person.
   • Digital check using an IDSP: You can use a certified provider to run a digital check on their passport.
2. For Non-British/Non-Irish Nationals
   • Home Office online check: The candidate provides a right to work share code. You then verify their status using the government’s online service.
   • Employer Checking Service (ECS): Used when the candidate has an outstanding visa application or appeal and can't use the online system yet.

Do You Need to Conduct Right to Work Checks on Freelancers Now?

Right now, you do not need to conduct a right to work check on freelancers until they are:

• sponsored under a visa you're responsible for, or
• working under a contract that resembles employment more than true self-employment.

However, the March 2025 announcement signals that the right to work requirement will soon become mandatory for all types of workers, not just employees, including freelancers, agency workers, and gig contractors.

Frequently Asked Questions by Employers

1. Will right-to-work checks apply to agency staff?
   High chances. The government has already encouraged checks throughout the labour supply chain. You’ll need to ensure that agencies and subcontractors are also conducting proper RTW checks.
2. Will I need to conduct right to work checks on self-employed workers?
   Yes, if they’re working on your behalf or under your company’s brand or even if they invoice you.
3. What about substitute workers?
   If a casual or gig worker has the right to send a substitute in their place, you’ll likely need to ensure that substitutes also pass a right to work check.
4. When exactly will these changes come into effect?
   That is still to be confirmed. Legislative updates are required to amend the Immigration, Asylum and Nationality Act 2006, which currently focuses only on employees. But businesses should keep themselves prepared for it.

What If You Don’t Comply with the New Right to Work Policy?

Here’s what non-compliance could cost you:

• Fines up to £60,000 per illegal worker
• Business closure orders
• Disqualification of company directors
• Potential prison sentences of up to 5 years
• Reputational damage from immigration enforcement visits

The immigration enforcement law in the UK is changing soon, and your hiring procedures should too. Extending right-to-work checks to freelancers and gig workers guarantees that all employers are held to the same high standards, regardless of contract form. This protects your business from penalties and promotes a more equitable and secure job market. If you have not already been planning for these changes, now is the time to review your onboarding procedures, train your employees, and incorporate RTW checks into your hiring workflows.

Need assistance in establishing compliant right-to-work checks for your gig, freelance, or zero-hours workforce? Contact us today; we can make it easier for you.