Why the new Border Act puts every workplace and beyond on the menu

The Home Office conducted its latest national enforcement operation in November, resulting in 171 arrests of gig economy workers working illegally, with 60 delivery riders now set for deportation.  Enforcement teams targeted restaurants and the wider gig economy across England including London, Solihull and Norwich, underscoring a renewed focus on sectors at the fringes of traditional employment.

This was no coincidence. Days later, the Border Security, Asylum and Immigration Act 2025 received Royal Assent on 2 December 2025, advancing a legislative programme that expands liability for illegal working beyond standard employment relationships and paves the way for broader Right to Work (RTW) compliance duties across the labour market.

Taken together with the Home Office’s public consultation on a major expansion of the RTW check regime which closed on 10 December 2025, the message is clear that every business, regardless of how it sources labour, is firmly on the compliance menu.  The consultation will inform updated guidance and a revised statutory Code of Practice. 

The Act amends the Immigration, Asylum and Nationality Act 2006 so that a business can be treated as the employer for illegal working purposes even where:

• individuals are engaged under worker contracts;
• sub-contractors are used;
• online platforms connect customers with service providers;
• there is no direct contract between the business and the individual; and/or
• the business does not know the individual is providing the work or services (including through chains of sub‑contracts).

Commencement of these provisions will follow by regulations, but the policy direction and enforcement posture are already clear and the latest operations show active targeting of non‑traditional labour models.

Target sectors specifically include construction, food delivery, beauty, courier networks, warehousing, care, and hospitality – many of which rely on outsourced or gig-style labour models.

The consultation also signals a shift towards the controversial use of digital identity verification as the default baseline for RTW checks, with the government contending this will simplify processes and reduce document fraud.  While details will follow in updated guidance and the new Code of Practice, businesses should anticipate a more standardised, technology‑led approach across work engagements. 

Failure to conduct required checks can lead to grave consequences, including criminal prosecution with potential custodial sentences of up to five years, civil penalties of up to £60,000 per illegal worker, and business closure powers in serious non‑compliance scenarios.  With broader statutory duties, enforcement is expected to reach beyond direct employment relationships.

While awaiting updated guidance, businesses should carry out an internal audit to map where RTW checks are and are not currently conducted across the organisation, and ensure they are being done when required and appropriate evidence retained.  Firms should also start assessing how digital identity verification could integrate with existing onboarding and procurement processes.