Checking a contractor workforce: questions to raise

A contractor workforce review should establish who employs or engages each person and what work permission restrictions may apply. A self-employed label, company invoice or CIS registration should not be treated as proof that all immigration and employment questions are resolved.

Assess the supply chain and actual working arrangements with suitable advisers. The statutory employer checking framework and wider restrictions on work need careful distinction.

Map the people behind the contractor agreement

A contractor workforce may include sole traders, employees of a supplier, individuals working through personal service companies and substitutes. Start by identifying who will physically carry out each service, who engages them and who controls any replacement. The word “contractor” on a purchase order does not settle the immigration analysis. Nor does a tax-status assessment automatically determine the scope of right-to-work responsibilities. ^[1]

Create a practical engagement register containing the supplier, individual where known, service, work location, start date and substitution arrangements. Keep it distinct from a conclusion about legal status. The purpose is to expose missing facts before mobilisation. If a facilities contract names only a company while different people attend every week, the business needs to understand how those individuals are approved and identified.

Understand the current position before applying future rules

Under the employer guidance current on 8 September 2026, the statutory excuse framework principally addresses employment relationships within its existing scope. The guidance nevertheless strongly encourages checks and assurance across contractors and labour providers. Sponsor licence holders also have duties concerning workers they sponsor, regardless of whether a conventional direct employment relationship exists. A broad claim that contractors never require attention is therefore unsafe. ^[1]

The Home Office draft issued in July 2026 states that an expanded framework takes effect on 1 October 2026. It covers specified worker contracts, individual subcontractors and online matching services, with extended liability provisions for relevant arrangements. The draft limits the new civil penalty scope to relevant employment commencing on or after that date. Assess commencement and transitional questions rather than assuming every historic contract changes in exactly the same way. ^[2]

Examine substitution before someone arrives on site

Ask whether a contracted individual can send another person, how that person is notified and who checks their identity. An account or access badge issued to the original contractor does not prove that the substitute is entitled to perform the work. Commercial arrangements that permit substitution need an operational process capable of identifying the actual worker without relying solely on the original individual's assurance.

The future October guidance includes specific conditions for establishing protection where substitutes are involved, including verification before the substitute starts and controls connecting the person working to the person checked. Do not describe these detailed future conditions as already in force in September. Use them to prepare a reviewed process for affected engagements, and confirm the final operative guidance before implementation. ^[2]

Ask suppliers questions that reveal their process

Request a description of the provider's check routes, staff training, follow-up arrangements and records. Ask what happens when permission is restricted, evidence is missing or an expected worker is replaced. A useful answer names responsible roles and explains what prevents an unverified person from starting. A promise that all staff are “fully compliant” provides little detail about how the provider manages these situations.

Decide what assurance and audit rights are appropriate to the legal relationship. Avoid indiscriminately collecting every worker's passport into a procurement folder. Personal information needs a defined purpose, secure access and a retention basis. Our guide to Outsourcing recruitment and employer responsibilities explains why outsourcing an activity does not automatically transfer every responsibility, and why the client's obligations should be assessed separately from the supplier's contractual warranty.

Turn the findings into a mobilisation decision

Give the contract manager a short record of the facts established, the duties identified and the unresolved questions. Link the decision to the actual start date, particularly for arrangements crossing 1 October 2026. Make sure security, operations and procurement know how to handle an unexpected substitute. A legal review that remains in one person's inbox will not control who is admitted to a worksite on Monday morning.

For assistance through Workforce immigration audit support, describe the contracting chain, whether personal service or substitution is permitted, and the planned engagement dates. Immigration advice must be provided by an appropriately regulated or otherwise legally authorised adviser. Employment status, tax treatment and immigration compliance may require different specialists. Ask for conclusions on each issue explicitly, rather than assuming a favourable answer on one means the entire arrangement is approved.

Review the arrangement when the supplier changes its delivery model, adds another subcontracting tier or moves from named personnel to platform allocation. These changes can alter the facts on which the original assessment depended. Record the new decision and communicate it before the revised workforce begins delivering the service.

Illustrative scenario

A construction business uses a subcontracting company that supplies individuals to its site. It reviews the engagement structure and contractual controls instead of assuming the invoice settles every responsibility.

Preparation checklist

• Map the contracting chain
• Identify actual employers
• Review working arrangements
• Seek advice on uncertain responsibilities