The government has launched a consultation on major reforms that would require construction companies to conduct 'right to work' checks on self-employed workers. The move forms part of a renewed effort to clamp down on illegal migrant labour and non-compliant employers.
Under the proposals, contractors will be legally obliged to verify that anyone working under their name has the legal right to work in the UK bringing requirements for self-employed workers in line with existing checks for employees.
Up to now, only individuals classed as employees have been covered by statutory right-to-work rules. Ministers say the widespread use of self-employment and casual contracts within the sector has opened loopholes that allow illegal working to continue unchecked.
Businesses that fail to carry out the appropriate checks could face tough penalties already in place for hiring illegal workers in regular employment. These include fines of up to 60,000 per worker, potential business closures, director disqualifications, and prison sentences of up to five years.
Alex Norris, the former building safety minister and now Minister for Border Security and Asylum, said the changes are designed to target "rogue employers" who manipulate labour rules to gain an unfair advantage.
"This safeguard will also ensure that businesses acting lawfully will not be undercut on labour costs by those who exploit the system," Norris said.
According to the Home Office, the six-week consultation open until 10 December will give contractors a chance to help shape the guidance and statutory codes of practice that will govern how these extended checks are carried out and enforced.
