Right to Work Checks for Seasonal Staff: What New Rules Mean for Pubs and Restaurants This Christmas
TL;DR: Since 1 October 2026, UK right-to-work rules cover a wider range of working arrangements, and the required check must be done before someone starts work. The changes can affect some agency, subcontracting and substitution arrangements, but they do not make every pub or restaurant automatically responsible for every agency worker. Before Christmas hiring ramps up, confirm who checks each person, how you verify their identity and where you keep the evidence.
What changed on 1 October 2026?
The Border Security, Asylum and Immigration Act 2025 expanded the Right to Work Scheme. The Home Office’s updated Employer’s guide to right to work checks took effect on 1 October 2026.
The key points for hospitality businesses are:
- A prescribed check must be completed before the person starts work, including their first shift.
- The scheme now covers some working arrangements beyond traditional employment, including certain worker contracts, individual subcontracting and substitution arrangements.
- In some qualifying contractual chains, civil penalty liability may extend beyond the organisation that directly engages the worker.
That last point needs context. Extended liability does not automatically make every business in a supply chain liable. The contractual arrangement and how it works in practice matter. The Home Office guidance says the new extended-liability requirements apply to relevant arrangements entered into on or after 1 October 2026. A contract renewal, extension or change may need its own review, so don’t assume a document’s label settles the question.
The ordinary rule still matters too: if you directly employ someone, check their right to do the work before they start. “We were short-staffed” is not a substitute for a completed check.
Who needs checking before a shift?
If you directly employ someone, the check applies whether they are:
- Full-time or part-time.
- Permanent or temporary.
- Hired for one shift, the Christmas period or longer.
Apply checks consistently to all prospective employees. Do not pick people to check based on their name, accent, nationality or appearance. The Home Office says employers must avoid discrimination when conducting checks.
What about agency staff?
In a standard arrangement where an employment business supplies temporary workers to work within your own operations, the agency is generally responsible for checking the people it directly engages. The Home Office guidance says the new extended-liability rules are not intended to require routine duplicate checks by the hirer in that typical arrangement.
But “the agency handles it” should not mean “we have no idea what happens”. Check your contract and understand the actual working arrangement. The picture can change where a supplier is contracted to deliver a service, where work is subcontracted, or where workers can be substituted. The new rules may apply to some of those arrangements.
Don’t rely on a vague promise in an email. For arrangements that may fall within the extended-liability rules, the guidance sets out requirements for written contractual terms, including right-to-work checks, controls on further subcontracting, audit rights, enforcement if illegal working is found and cooperation with Home Office investigations.
Make sure the person who arrives is the person who was checked
A check is only useful if it relates to the person doing the work. That matters particularly when a busy agency sends a last-minute replacement and the rota is already creaking.
For a direct hire, employers must use a prescribed checking route. Depending on the person’s documents and status, this may be a manual document check, a Home Office online check or a check using a registered Right to Work digital verification service provider. The Home Office guide explains which route applies and what evidence to keep.
Where a contractual arrangement includes substitution, the guidance requires controls to ensure a substitute is checked before starting and that the worker on site is the person whose check was completed. It also describes proportionate identity-verification systems for arrangements covered by the extended-liability rules. That might include checking identity at the start of an assignment or shift, depending on the arrangement and its risks.
For managers, the practical rule is simple: don’t let someone step behind the bar, into the kitchen or onto the floor while you wait for paperwork to catch up. Confirm the person’s identity and that the relevant check is complete before work begins. A rota entry or a manager’s “I’m sure it’s the same person” is not the evidence you need.
Keep a record you can actually find
The Home Office says employers must keep right-to-work check evidence securely for the duration of the person’s employment and for two years afterwards, then securely destroy it. Keep a record of when the check was carried out, not just a copy of a document sitting in an inbox.
For seasonal recruitment, your records should make it easy to see:
- Who engaged each person: your business, an agency or another supplier.
- Which check was completed and when.
- Who completed or verified it.
- Whether the person has time-limited permission and, if so, when a follow-up check is due.
- Which individual actually attended and worked, including any approved substitution.
Where someone has time-limited permission, diarise the expiry date and complete any required follow-up check on or before it. Build the reminder into a shared system rather than leaving it with one manager who may be flat out on a Saturday night.
The enforcement picture is not abstract
The Home Office reported that employers received 2,438 civil penalties in 2025, totalling more than £130 million. Its published figures also record 3,559 illegal-working visits and 2,523 arrests in the restaurants, takeaways and cafés category. Those are separate measures, not a count of penalties for that sector. The figures are reported in the Home Office’s 2025 enforcement statistics.
The Home Office guide says civil penalties can reach £60,000 per illegal worker. Knowingly employing someone without permission to work can also lead to an unlimited fine and up to five years in prison. The consequences can depend on the facts and the applicable rules.
There’s a staffing reason to get organised early, too. The ONS reported 77,000 vacancies in the accommodation and food-services industry in September to November 2025. Separately, Indeed Hiring Lab reported that UK Christmas-job searches were up 28% and seasonal job postings were up 16% year on year as of 3 October 2025. These are reported figures from 2025, not a forecast for this Christmas. They do underline why a clear process helps when applications and shift cover start coming in at once.
Your five-question Christmas hiring check
Before recruitment picks up, ask:
- Who completes the check? Name the person responsible for each direct hire and confirm how your agency or supplier completes its checks.
- Can we recruit quickly without skipping steps? Make sure the process works for a late hire, not just for the person you had three weeks to onboard.
- How do we verify agency replacements? Know how you’ll confirm that the person who turns up is the person checked and that any substitution is authorised.
- Where is the evidence stored? Managers should know where records live and who can retrieve them.
- Can the process handle the festive volume? Plan cover for whoever does the checks, follow-up reminders and record-keeping when the usual contact is off.
Illustrative scenario
It’s a busy December Saturday. At 5pm, an agency tells your manager that the person booked for the 6pm shift cannot attend and a substitute is on the way. The manager confirms with the agency who is responsible for the check, verifies the substitute’s identity and makes sure the required check is complete before the person starts work. If that cannot be confirmed in time, the substitute does not start until it is.
That may be inconvenient. Finding out after a shift that nobody completed the required check is worse.
FAQ
Do I need to check an agency worker myself?
Not always. In a standard agency supply arrangement, the employment business that directly engages the worker is generally responsible for the check, and the Home Office does not intend routine duplication by the hirer. Review your actual arrangement and contract, especially if services are subcontracted or substitution is involved.
Does every agency replacement need a new check?
The person doing the work must be covered by the relevant check. If a substitute arrives, don’t assume the original worker’s check covers them. Confirm who is responsible and make sure the replacement has been checked before starting.
Do I need to repeat a check every time a returning worker takes a shift?
The Home Office says a fresh check is not required before every assignment when a worker continues to be engaged by the same employer and a valid statutory excuse is in place. Any required follow-up check for time-limited permission still needs to be completed on time.
How long should we keep the evidence?
Keep the prescribed evidence securely for the duration of employment and for two years afterwards, then securely destroy it.
The takeaway
Christmas staffing can move quickly. The legal basics should not: identify who is responsible, complete the relevant check before work begins, confirm the person turning up is the person checked, and keep an accessible audit trail. For agency and subcontracting arrangements, review the contract and how the arrangement actually operates. Don’t rely on assumptions or a last-minute verbal assurance.
This article provides general information about UK requirements, not legal advice. Rules and responsibilities can depend on the specific working arrangement. Seek specialist legal or HR advice for your circumstances.
If your seasonal hiring process or agency arrangements need a practical review, contact Phare HR or explore our HR consulting services.