Right-to-Work Checks in Agriculture – Preparing for 1 October 2026
Right-to-work checks are an essential part of employing people legally in the UK. For agricultural businesses, where seasonal workers, casual labour, contractors and labour providers are often part of the workforce, it is particularly important to understand who is responsible for checking that everyone working on the farm has the legal right to do so.
The forthcoming changes to the rules make this a timely opportunity for farm businesses to review their recruitment procedures, employment records and arrangements with external labour providers.
What is changing?
From 1 October 2026, the Government is extending the right-to-work checking requirements beyond traditional employees to include individuals engaged under worker contracts and individual subcontractors. This means that businesses engaging people through more flexible working arrangements will have additional responsibilities to ensure that those individuals have the legal right to work in the UK. The changes also introduce potential liability further along certain subcontracting chains, making it important for businesses to understand their responsibilities when using external labour providers.
What does this mean for farmers?
The changes are particularly relevant to agricultural businesses using:
- Casual and seasonal workers, including those engaged directly on a self-employed basis.
- Self-employed relief milkers, herdspeople and other individuals providing services to the farm.
- Agency workers and labour supplied through employment businesses.
- Subcontractors and agricultural service providers who engage other individuals to carry out work on their behalf.
Farmers should not assume that describing someone as self-employed, paying them through an agency or using a subcontractor automatically removes their responsibilities. However, the new rules do not mean that every farmer must personally check every employee of every independent contractor. The responsibilities depend on the contractual arrangements and who is engaging the individuals concerned.
What should farm businesses do now?
Five practical steps before 1 October
- Review your workforce, including casual staff, relief workers, agency workers and individual subcontractors.
- Ensure the appropriate right-to-work checks are completed before anyone starts a new engagement.
- Review agreements with labour providers and contractors to establish who is responsible for carrying out checks and retaining evidence.
- Keep appropriate records of completed checks and monitor any time-limited permission to work.
- Make sure anyone responsible for recruitment or engaging workers understands the new requirements.
Where extended liability applies, businesses may need appropriate contractual safeguards, including requirements for their labour providers to carry out checks, controls over further subcontracting and rights to audit compliance.
What are the risks of non-compliance?
Businesses found employing someone illegally without establishing the required statutory excuse can face civil penalties of up to £60,000 per illegal worker. Serious cases involving knowing employment of illegal workers can also result in criminal prosecution. Correctly completing and recording the prescribed right-to-work checks provides important protection against civil penalties.
The REAL Success message: For farm businesses, the key message is simple: right-to-work compliance is no longer just about checking the people on your payroll.
Farmers should understand how everyone working within their business is engaged, identify who is responsible for the appropriate checks and ensure that suitable procedures are in place. Taking time now to review your arrangements could help protect your business, your workforce and your reputation.
#FarmLeadership #StaffRetention #FarmManagement #Agriculture #HumanPotential #PeopleInAgriculture
Paul Harris
Managing Director, REAL Success
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