Prevention of illegal working and extension of the prohibition on employment (the right to work scheme) to other working arrangements: equality impact assessment (accessible)
Published 30 June 2026
Section 1: Outline of issue under consideration
This Equality Impact Assessment (EIA) updates the assessment titled ‘Prevention of Illegal Working’ completed in May 2007 prior to the introduction of right to work checks. The assessment additionally includes consideration of the equality impacts of legislative amendments introduced to extend the scope of employers required to carry out right to work checks. Extending the scope of the measures to include those who engage individuals to carry out work or provide services in other working arrangements. This will mean that those who engage individuals under a worker’s contract, those who engage individual sub-contractors, and online matching services that provide details of service providers to potential clients or customers for remuneration, will be required to carry out right to work checks; making applicable the associated civil and criminal sanctions for non-compliance.
Legislation setting out employer responsibilities to prevent illegal working has been in place since 1997. Since 2008, they have done this by conducting manual or digital right to work checks (the type of check conducted by employers will depend upon the individual’s nationality, what kind of permission they have to work in the UK and, where appropriate, the individual’s preference) before employing someone of any nationality, including British citizens, ensuring the individual is not disqualified from carrying out the work in question by reason of their immigration status.
The Right to Work Scheme (“the Scheme”) was introduced to ensure that only those who are legally entitled to work in the UK can access employment. The Scheme therefore aims to tackle and deter irregular migration, to secure compliance with and help to enforce UK immigration laws and to support efforts to tackle those who exploit vulnerable migrants.
The existing scheme only applies to individuals classified as an “employee”. This means that employers who use “workers” or “self-employed” individuals do not have a legal responsibility to carry out right to work checks to ascertain if the individual is eligible to work in the UK.
This long-standing, narrow scope has been brought into sharp focus by developments in the modern labour market, including increased usage of agency workers and casual contract arrangements where employers exchange money for labour, commonly referred to as the gig economy. These models, although lawful when engaging individuals with right to work, have brought changes to the working environment and introduced new risks to illegal working.
In other sectors such as construction, the lack of oversight takes the form of sub-contracting, while in areas like care or hospitality, it is linked to the use of intermediaries. The common factor is the use of self-employment. This means there are whole sectors of the labour market where businesses can engage workers without the responsibility to ensure individuals are permitted to work in the UK and complete right to work checks.
The amendments will restrict the ability to take advantage of illegal workers and encourage businesses to provide work opportunities to those permitted to work in the UK. It will provide parity across industries and will set a level playing field for businesses to uphold their responsibilities to prevent illegal working in the UK.
By so doing, the Government aims to eliminate any financial gain or benefit from non-compliance; to tackle the harm caused by regulatory non-compliance, where appropriate; and to deter future non-compliance.
Section 2: Consideration of aim 1 of the duty: eliminate unlawful discrimination, harassment, victimisation, and any other conduct prohibited by the Equality Act 2010.
Direct discrimination
Protected characteristics of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation were carefully considered in this section for both the amendments to the Right to Work Scheme and to the Scheme as a whole. The proposal to extend the scheme does not subject any person to less favourable treatment than any other person as the Scheme applies to everyone regardless of any protected characteristic and therefore no direct discrimination arises.
Age
There were 33.9 million workers in the UK in early 2025, consisting of 29.3 million employees and 4.4 million self-employed.[footnote 1]
The most common age groups in the employed population, as of 2023 are 25–34-year-olds, making up 23% of those who are employed.[footnote 2] However, 35-44- and 45–54-year-olds also make up 22% of the employed population each. This means that there is potential for any changes in employment legislation to affect 25-54 year olds more than others. Older age groups are also more likely to find digital checks difficult, with data suggesting that 95% of 55-64 year-olds had accessed the internet in the previous three months, compared to 100% of 16-24 and 25-34 year olds.[footnote 3]
The age profile of the UK gig economy is largely representative of the UK workforce as a whole. Manual personal services and desk-based services have a slightly younger age profile compared with the transportation forms of gig economy work, apart from private hire drivers. Couriers stand out as having the oldest workforce, with 43% of UK gig economy workers in this role aged 50 or above.
Direct Discrimination
There is a direct impact on people according to their age. Section 13(2) of the Equality Act 2010 provides that for the protected characteristic of age, there is no direct discrimination if it can be shown that differential treatment due to age is a proportionate means of achieving a legitimate aim.
Businesses may be liable to penalties if they employ an adult contrary to the legislation, therefore, right to work checks only apply to those aged 16 or over. As such, the Scheme subjects individuals aged 16 or over, similarly to the requirements on national insurance contributions, to less favourable treatment than children because of the protected characteristic of age. However, this is a proportionate means of achieving the legitimate aims of ensuring the protection and welfare of children and that access to the labour market is reserved to those who are eligible and with lawful immigration status in the UK. Children can only start full-time work once they have reached the minimum school leaving age and are eligible for employment rights and rules at age 18.
Indirect Discrimination
There may be indirect impacts on protected characteristics of age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation, in relation to the amendments to the Scheme and Scheme as a whole. These are outlined below.
The Scheme applies to those working under a contract of employment and will include the working arrangements as outlined in Section 1. This means the Scheme will apply to those individuals working in the gig economy. Casual, temporary work as seen in the gig economy has an overrepresentation of young people who may be students, recent graduates, or those looking for flexible working options. Gig workers often hold multiple jobs often working on multiple platforms. This could result in those with the protected characteristic of age being subject to right to work checks more frequently than others.
However, there are a range of ways in which an individual can evidence their right to work which include both manual and digital options.
Notwithstanding the particular disadvantages identified above, it is considered that any potential indirect discrimination that may arise is justified as a proportionate means of achieving the legitimate policy aims: to tackle and deter irregular migration, to secure compliance with and help to enforce UK immigration laws and to support efforts to tackle those who exploit vulnerable migrants.
Disability
Those with a disability working in the gig economy are more likely to say it is their main source of income (29%) than those without a disability (19%).[footnote 4]
Direct Discrimination
The Scheme does not subject any person to less favourable treatment on the basis of disability and therefore no direct discrimination arises.
Indirect Discrimination
According to the 2022 Annual Population Survey, 16% of those in the employed population (5.2 million) were disabled, with the remaining 84% not disabled (equating to 26.9 million people).[footnote 5]
In the UK, disabled people face lower employment rates and higher unemployment compared to their non-disabled counterparts. While the disability employment rate has increased, the gap between disabled and non-disabled employment remains significant. In terms of labour market participation: non-disabled adults are more than twice as likely to be in employment, as 64.7% of non-disabled adults were in employment compared to 27.3% of disabled adults.[footnote 6]
The Scheme applies to every individual irrespective of any characteristic. However, with the potential size of the population who are disabled in mind, it is recognised that there could result in an indirect differential impact in respect of the protected characteristic of disability.
Some disabled individuals may experience difficulties accessing necessary documentation for right to work checks, or undertaking the steps required to prove their right to work to an employer or conduct a right to work check as an employer. For example, there is a requirement to use computers for online checks or attending a workplace in person where the manual checking of documents is necessary. Evidence suggests that some disabled people may experience barriers to using technology, with the Office for National Statistics finding that 81% of disabled people had used the internet in the last three months, compared to 96% of non-disabled people.[footnote 7] Disabled people are also less likely to have basic digital skills than non-disabled people.[footnote 8]
The Equality Act 2010 requires employers to make reasonable adjustments for disabled people and this may lead to discrimination. The Home Office also acknowledges that some individuals who are disabled experience discrimination in everyday life more regularly than those who are not. For example, those with a disability may be subject to loss of employment or housing more frequently. However, the Home Office considers this is outweighed by the legitimate aims of the Scheme to ensure access to the labour market is reserved to those who are eligible and with lawful immigration status in the UK.
The Home Office has dedicated support to help those with disabilities navigate the checks. Home Office guidance and statutory codes of practice provide detailed information on the circumstances in which a right to work check is required, why the check is needed, how to carry out the check, and which documents can be used to evidence eligibility to work in the UK, making clear that checks on eligibility to access work, benefits and services as part of the UK’s immigration system must be carried out in a non-discriminatory manner. Furthermore, the Employer Checking Service (ECS) is available for employers to ask the Home Office to check an employee’s or potential employee’s immigration status if they cannot show their documents or online immigration status, in certain circumstances. If an employer or employee needs help accessing or using the digital immigration status information, they can contact the UKVI Resolution Centre. The service also includes a helpline specifically for employers, who need help accessing or using the online immigration status services.
Gender Reassignment
Direct Discrimination
The Scheme does not subject any person to less favourable treatment on the basis of gender reassignment and therefore no direct discrimination arises.
Indirect Discrimination
The Home Office does not routinely collect or process data in respect of this protected characteristic for immigration purposes. As such, the Home Office has been unable to conduct any internal analysis to explore how the protected characteristic of gender reassignment may be impacted. However, there have been representations made to the department previously regarding issues of gender reassignment and the need to check documents against an individual’s physical appearance. These were considered and incorporated into policy, where appropriate. Therefore, while the Scheme applies to everyone, indirect disadvantages may occur for those with the protected characteristic of gender reassignment.
To mitigate against any potential discrimination, harassment or victimisation, the Secretary of State has issued a code of practice specifying what an employer should or should not do to ensure that, while avoiding liability to a penalty, and the commission of an offence under the above provisions, the employer also avoids contravening the Equality Act 2010 (c 15) as it pertains to gender reassignment. A ‘Code of practice for employers: Avoiding unlawful discrimination while preventing illegal working’ was brought into force on 6 April 2022 by SI 2007/3290, art 12 (substituted by SI 2022/242).
Marriage and Civil Partnership
Direct Discrimination
The Scheme does not subject any person to less favourable treatment on the basis of marriage or civil partnership therefore no direct discrimination arises.
Indirect Discrimination
No particular disadvantage has been identified in relation to the protected characteristic of marriage and civil partnership.
Pregnancy and Maternity
Drawing on the 2022 Annual Population Survey for data on ethnicity in the employed population, 86% of those in employment (28.0 million people) were from white ethnic groups, 7% (2.4 million) were Asian, 3% (1 million) were black, 1% (0.5 million) had mixed ethnicity, and 2% (0.6 million) were from the ‘other’ ethnic group.[footnote 9]
In general, the proportion of employment overall was similar across ethnic groups (57.2%), although there were variations for ‘White Other’ (74.4%).[footnote 10] However, jobs by occupation and skills level varied substantially by ethnicity[footnote 11]; Indian nationals tended to have very high rates of employment in ‘professional’ occupations, while 13.2% of black workers and 12.4% of workers from the white other ethnic group were in ‘elementary’ jobs.[footnote 12] Similarly, the nationality make-up by sector also varies with health and social care and retail having particularly high rates of non-UK workers.[footnote 13]
Direct Discrimination
The Scheme does not subject any person to less favourable treatment on the basis of pregnancy and maternity therefore no direct discrimination arises.
Indirect Discrimination
No particular disadvantage has been identified in relation to the protected characteristic of pregnancy and maternity.
Race (including Nationality, Ethnic or National Origins, Colour)
Private hire drivers are the most ethnically diverse group in the UK gig economy, with 38% having an ethnic minority background. Other transportation workers are also very ethnically diverse. Two-thirds (34%) of food delivery riders and 30% of couriers have an ethnic minority background. Comparatively, fewer than one in 10 (8%) providing manual personal services are an ethnic minority.[footnote 14]
Direct Discrimination
The Scheme does not subject any person to less favourable treatment on the basis of race therefore no direct discrimination arises.
Indirect Discrimination
The Home Office has not identified anything which would have an adverse impact on particular racial groups if the guidance is followed as prescribed to employers. However, it will be important to ensure, in establishing the entitlement of individuals to work in the UK, that the selection process does not automatically disadvantage people from any particular ethnic group.
Third country nationals with limited permission in the UK will be subject to a requirement for follow-up checks. These checks will not apply to individuals that do not have a limited right to remain. The requirement for repeat checks will cover a wide range of nationalities.
Needing to conduct digital right to work checks may differentially impact people with different ethnicities. An Office for National Statistics survey found that those who identified as Bangladeshi were least likely of all ethnic groups to say they had accessed the internet in the last three months, with 88% of respondents saying they had. In contrast, 99% of those in the mixed/multiple ethnic group had done so. Therefore, while there is an expectation that digital right to work checks are conducted for those whose immigration status can be checked online, for example - foreign nationals who can use their eVisa to evidence their right to work, manual right to work checks may be undertaken on this cohort in certain circumstances.
Although the area is complex and limited by available data, the Home Office consideration thus far may suggest that non-white ethnic groups and in particular those identifying as part of the black ethnic group, may more frequently interact with aspects of the Scheme.
Therefore, while the Scheme applies to individuals of all nationalities including British or Irish citizens, it is considered that this directly differential impact is the result of the broader way in which immigration control in the UK is managed and is not directly as a result of the Scheme itself.
It should be noted that nationality alone would not be the reason why an individual is affected by the Scheme. Decisions to prevent access to work are taken on the basis of someone’s immigration status in the UK; primarily whether they have permission to be in the UK or not, and whether any permission provides them the appropriate right to work. Thus, although there is a link between nationality and immigration status, the Home Office does not consider this to have directly differential impact in respect of this protected characteristic.
To mitigate against any potential discrimination, harassment or victimisation, the Secretary of State has issued a code of practice specifying what an employer should or should not do to ensure that, while avoiding liability to a penalty, and the commission of an offence under the above provisions, the employer also avoids contravening the Equality Act 2010 (c 15), so far as relating to race. A ‘Code of practice for employers: Avoiding unlawful discrimination while preventing illegal working’ was brought into force on 6 April 2022 by SI 2007/3290, art 12 (substituted by SI 2022/242).
Religion or Belief
Those with no religion make up the largest proportion of the employed population (49%, 15.4 million people), followed by Christians (42%, 13,4 million people) and Muslims (6%, 1.2 million people[footnote 15]).
Data also shows that ethnicities and religions intersect, suggesting that people of different religions may be affected at different rates. Of the 2,706,066 Muslims in England and Wales, the vast majority (2,495,446) identified as Asian, Black or mixed, multiple ethnicities. This means that 210,620 identified as White. Of the 816,633 Hindus in England and Wales, 804,607 identified as Asian, Black or mixed, multiple ethnicities. This means that 12,026 Hindus identified as White. Of the 423,158 Sikhs in England and Wales, 415,698 Sikhs identified as Asian, Black or mixed, multiple ethnicities. This means that 7,460 identified as White. Without better understanding of how these ethnicity and religious affiliations link to migrants in the UK, it is hard to draw any firm conclusions from this data.[footnote 16]
Direct Discrimination
The Scheme does not subject any person to less favourable treatment on the basis of religion or belief therefore no direct discrimination arises.
Indirect Discrimination
No particular disadvantage has been identified in relation to the protected characteristic of religion or belief.
Sex
All transportation gig economy roles in the UK are overrepresented by men. More than seven in 10 private hire drivers (75%), food delivery riders (71%) and couriers (79%) are male. Those working in desk-based services in the gig economy are also predominantly male (62%).[footnote 17]
Direct Discrimination
The scheme does not subject any person to less favourable treatment on the basis of sex therefore no direct discrimination arises.
Indirect Discrimination
The Scheme does not have an adverse impact on the protected characteristic of sex as it applies to everyone equally, however current data suggests that the employed population is majority male, with 52% of those employed being men and 48% being women. Therefore, it is possible employment policy will indirectly affect men more than women.[footnote 18]
The gender split of those working in the gig economy is similar to overall labour market trends with men being slightly more likely to work in the sector.[footnote 19] It is acknowledged that there will be indirect discrimination here because men are more likely to participate in work.
Although the operation of the scheme may result in an indirect differential impact in respect of the protected characteristic of sex, the Home Office considers this is outweighed by the legitimate aims of the Scheme. Namely, of operating and enforcing a fair immigration system; protecting taxpayer funded services; and protecting vulnerable migrants from exploitation and is therefore justifiable as a proportionate means of achieving multiple legitimate aims.
Sexual Orientation
93.6% aged over 16 in the UK in 2023 identified as heterosexual, 2.0% identified as gay or lesbian, 1.8% identified as bisexual and 0.7% identified in some other way.[footnote 20] A higher percentage of individuals identifying as lesbian, gay, bisexual, or another minority sexual orientation (LGB+) adults are employed (63.8%) than straight or heterosexual adults (57.8%); the higher percentage in LGB+ adults was largely driven by gay or lesbian people, where 7 in 10 (70.3%) were employed.[footnote 21]
The Scheme however applies to all individuals, regardless of their sexual orientation.
Direct Discrimination
The Scheme does not subject any person to less favourable treatment on the basis of sexual orientation, therefore no direct discrimination arises.
Indirect Discrimination
No particular disadvantage has been identified in relation to the protected characteristic of sexual orientation.
Section 3: Consideration of aim 2 of the duty: Advancing equality of opportunity between people who share a protected characteristic and people who do not share it.
The scheme does not deliver a less-better outcome for those with a particular protected characteristic as compared to others as it applies to the working population as a whole. The scheme as it is designed to distinguish between those who are present in the UK with lawful status versus those who are here irregularly; and ensure where an individual holds lawful status, it affords them the right to access work. The Scheme therefore neither promotes nor diminishes equality of opportunity for individuals.
However, the Home Office recognises it is possible that individuals with some protected characteristics may experience indirect discrimination.
The Home Office is aware of its obligations under the Equality Act 2010 with regards to each protected characteristic and as such, a code of practice specifying what an employer should or should not do to ensure that the employer also avoids contravening the Equality Act 2010 has been issued, and the Home Office will continue to comply with non-discrimination provisions.
Age – All individuals, regardless of age, will be considered equally under this scheme, on the basis of them having the right to work in the UK.
Disability – All individuals, regardless of disability, will be considered equally under this scheme, on the basis of them having the right to work in the UK.
Gender Reassignment – All individuals, regardless of gender reassignment, will be considered equally under this scheme, on the basis of them having the right to work in the UK.
Maternity and Pregnancy – All individuals, regardless of maternity and pregnancy, will be considered equally under this scheme, on the basis of them having the right to work in the UK.
Race – All individuals, regardless of race, will be considered equally under this scheme, on the basis of them having the right to work in the UK.
Religion or Belief – All individuals, regardless of religion or belief, will be considered equally under this scheme, on the basis of them having the right to work in the UK.
Sex – All individuals, regardless of sex, will be considered equally under this scheme on the basis of them having the right to work in the UK.
Sexual Orientation – All individuals, regardless of sexual orientation, will be considered equally under this scheme, on the basis of them having the right to work in the UK.
Section 4: Consideration of aim 3 of the duty: Fostering good relations between people who share a protected characteristic and persons who do not share it.
By implementing this scheme, it will build confidence in the right to work scheme as a whole and in aiding employers to further prevent illegal working. However, it is possible that the scheme could result in some negative impact on good relations.
Nonetheless, the scheme treats all individuals equally and considers that any such impact is proportionate to this legitimate aim.
Age
All individuals, who have the right to work, regardless of age, will be treated equally. As this scheme applies to everyone equally regardless of age, it is not assessed to have an impact on relations between people with this characteristic and those who do not share it.
There is no distinction between people who share this protected characteristic and persons who do not share it. Right to work checks only apply to those who are aged 16 or over.
Disability
All individuals who have the right to work, regardless of disability, will be treated equally. As this scheme applies to everyone equally regardless of disability, it is not assessed to have a great impact overall on relations between people with this characteristic and those who do not share it.
The Home Office however acknowledges that individuals who are disabled may experience discrimination in everyday life more regularly than those who are not; for example, those with a disability may be subject to loss of employment more frequently.
It can be noted that where wider discrimination occurs between people who share the protected characteristic of disability, and those who do not, good relations will be difficult to foster. Compounded by the scheme this may affect relations between those who share the protected characteristic of disability and those who do not.
Gender Reassignment
All individuals who have the right to work, regardless of gender reassignment, will be treated equally. As the scheme applies to everyone equally regardless of gender reassignment, it is not assessed to have an impact on relations between people with this characteristic and those who do not share it.
Maternity and Pregnancy
All individuals who have the right to work, regardless of maternity and pregnancy, will be treated equally. As the scheme applies to everyone equally regardless of maternity and pregnancy, it is not assessed to have an impact on relations between people with this characteristic and those who do not share it.
Race
All individuals who have the right to work, regardless of race, will be treated equally. The scheme applies to all individuals including British and Irish Citizens regardless of race.
As the scheme applies to everyone equally regardless of race, it is not assessed to have an impact on relations between people with this characteristic and those who do not share it. However, as noted previously above, statistics show that some aspects of the scheme may disproportionately impact on people of colour.
Nonetheless, the scheme treats all individuals equally and considers that any such impact is proportionate to this legitimate aim.
Religion or Belief
All individuals who have the right to work, regardless of religion or belief, will be treated equally. As the scheme applies to everyone equally regardless of religion or belief, it is not assessed to have an impact on relations between people with this characteristic and those who do not share it.
Sex
All individuals who have the right to work, regardless of sex, will be treated equally. As the scheme applies to everyone equally regardless of sex, it is not assessed to have a significant impact overall on relations between people with this characteristic and those who do not share it.
However, it is recognised that the indirect differential impact identified above, whereby men appear to interact with or be affected by the scheme more so than women, may impact the obligation to foster good relations.
Sexual Orientation
All individuals who have the right to work, regardless of sexual orientation, will be treated equally. As the scheme applies to everyone equally regardless of sexual orientation, it is not assessed to have a significant impact overall on relations between people with this characteristic and those who do not share it.
Section 5: Ongoing compliance with the PSED
When the scheme is implemented, the Home Office will collect data recording incidents of non-compliance. This data will be reviewed six months after the scheme has come into force in order to consider whether the scheme is beginning to have the desired effect, whether the legitimate aim continues to justify any indirect discrimination identified above, and whether the scheme is having any disproportionate impact on other protected characteristics which is unforeseen.
This will include both quantitative data, such as the protected characteristics of the person who failed to comply, and qualitative data, recording reasons individuals were non-compliant.
This will result in a more accurate data on those affected by this scheme and a review of this EIA will be undertaken within 12 months to ensure we have the most up-to-date understanding of impacts on those with protected characteristics.
Employers are already advised to provide individuals with reasonable opportunity to demonstrate their right to work, and they should not discriminate on the basis of nationality or any of the other protected characteristics therefore the scheme will continue compliance with PSED.
Section 6: Section 55 duty (for immigration, asylum, and nationality considerations only).
The section 55 duty to safeguard and promote the welfare of children in the UK has been considered.
Although the Scheme is designed to impact on adults, there will be circumstances, however, where it could have an indirect impact upon children. For example, migrant parents of children could be impacted where parents or guardians are restricted from employment due to the conditions attached to their immigration status.
Section 7: Risks to vulnerable individuals and other groups
The Home Office does not consider the Scheme to have any adverse impacts on vulnerable individuals and other groups. However, there may be risks for vulnerable individuals or other vulnerable groups listed in Article 14 of the European Convention Human Rights (ECHR), such as creating or exacerbating vulnerability in some populations.
For example, if an individual has been found to be working illegally and can no longer provide for their families, there is a chance that this could lead to homelessness therefore creating vulnerability.
There is also risk that irregular migrants could be driven into exploitative work environments or destitution due to the increased restriction in gaining access to work in legitimate business due to the scheme. This could materialise through the restriction to access income through (illegal) work and an inability or unwillingness to leave the UK, thus exacerbating their vulnerability.
Vulnerability may be exacerbated in children through its potential to have an indirect impact upon them where migrant parents or guardians are restricted from employment due to the conditions attached to their immigration status.
Declaration and sign off
I have read the available evidence, and I am satisfied that this demonstrates compliance, where relevant, with section 149 of the Equality Act 2010 and that due regard has been had to the need to eliminate unlawful discrimination, advance equality of opportunity and foster good relations.
This EIA will be reviewed on: 30/06/2027
SCS Name & Title: [Redacted]
Directorate/Unit: Access, Compliance, Removals and Enforcement
Lead contact: [Redacted]
Date: 30/06/2026
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