New Right to Work Rules Hit Freelancers on 1 October

Right to Work (RTW) checks are being tightened up by the Government from 1st Oct and  for the first time, the rules will apply not just to employees, but to self‑employed people and freelancers who provide services to companies.

This is a major shift. Until now, most freelancers have never been asked for Right to Work (RTW) evidence unless they were effectively treated like employees. From October, every business that engages people, from a big company to a tiny micro‑business, will have new legal duties.

What’s changing?

The Home Office has confirmed that RTW checks will now apply to:

• Freelancers

• Sole traders

• Self‑employed subcontractors

• Gig economy workers

• People providing services under their own company name

This means that any business that hires you to deliver work, even if you invoice them, may need to carry out a formal RTW check before you start.

A minister described these groups as part of a “high‑risk sector” for illegal working, which is why the rules are being expanded.

What counts as a Right to Work check?

A compliant RTW check usually involves:

• Seeing your original passport or immigration document

• Checking it is valid and belongs to you

• Recording the date of the check

• Keeping a secure copy

• Ensuring the check meets Home Office standards

Digital checks alone may not be enough, despite widespread belief that they would replace physical checks.

This matter for freelancers:

You may be asked for RTW proof far more often

If you work for multiple clients, each one may need to check you.

A freelancer working for three clients could face three separate checks, every year.

It may delay starting work

Clients who don’t understand the rules may pause onboarding until they get advice.

It may add admin and cost

Some engagers will outsource checks to third‑party providers, passing on delays or fees.

It may affect how quickly you can get onto a site, platform or project

If you work in sectors with fast turnaround, events, media, trades, digital gigs, RTW checks could slow things down.

If a business doesn’t do the checks the penalties are severe:

• Up to £60,000 per operative

• Criminal conviction

• Up to five years in prison

• Unlimited fines

This means clients will be far more cautious about onboarding freelancers without proper documentation.

Expect more requests for ID, more verification steps, and more formal processes.

Freelancers need to prepare

1. Get your documents ready

Make sure your passport, visa or share code is up to date and easy to access.

2. Expect more checks and build time in

If you work with multiple clients, assume each will need to verify you.

3. Keep digital copies ready

Even though digital checks alone may not be enough, clients will still want copies.

4. Ask clients what process they’re using

Many businesses still believe they’re compliant when they’re not.

5. If you run a micro‑business, you may need to check subcontractors

If you hire other freelancers, you may become the “engager” responsible for checks.

What this looks like on the ground

For freelancers:

• More onboarding steps

• More ID requests

• More admin

• Occasional delays getting onto jobs

• More formal contracts and compliance processes

For micro‑businesses:

• New legal duties when engaging subcontractors

• Need for clear policies and record‑keeping

• Potential cost if checks are outsourced

• Higher risk if processes are inconsistent

For clients:

• A scramble to put policies in place

• Confusion over digital vs physical checks

• Increased liability

From 1 October, freelancers and the self‑employed will face more Right to Work checks, more admin, and more onboarding delays because engagers now carry heavy penalties if they get it wrong.

This is a major compliance shift affecting gig workers, creatives, trades, consultants, digital freelancers, and micro‑business owners.

The best protection is simple: Have your documents ready, expect more checks, and make sure any subcontractors you use are verified properly.