Right-to-work checks for self-employed cleaners

What's changing on 1 October 2026

Until now, the duty to check that someone has the right to work in the UK applied mainly to employees. Many cleaning companies use self-employed cleaners as well, and for them a right-to-work check was usually optional.

That changes on 1 October 2026. Section 48 of the Border Security, Asylum and Immigration Act 2025 extends the rules, backed by an updated Home Office code of practice. The check now also covers:

individual sub-contractors: people you pay to do work that you've agreed to do for your own client
people on a worker's contract: they agree to do the work personally, and you aren't simply one of their own customers

For most cleaning contractors, that means self-employed cleaners who work on your contracts now need a check before they start, the same as an employee.

Does it cover my self-employed cleaners?

Ask this question about each person: is this cleaner doing work that I've agreed to provide to my client?

Situation	Needs a check?
You have a contract to clean an office. You pay a self-employed cleaner to do it. The cleaner has no contract with the office.	Yes. They're an individual sub-contractor.
A self-employed cleaner works regular shifts for you, does the work personally and can't send someone else.	Yes. This is likely to be a worker's contract.
A cleaner who runs their own business cleans for their own customers, who book and pay them directly.	No, not for those jobs. The rules exclude people who are genuinely in business on their own account and contract directly with their own customers.

The label doesn't decide it. Calling someone self-employed, or giving them a contractor agreement, doesn't take them out of the rules. What counts is how the work is actually arranged.

Who has to do the check?

The business that contracts directly with the cleaner does the check. If you engage the cleaner, that's you. It has to happen before they do any work, including a trial shift or a one-off job covering sickness.

Checks carried out after someone has started don't give you the same protection. The safe habit is simple: no check, no shift.

How to check a self-employed cleaner

You use the same methods as for an employee. Which one depends on the person:

Home Office online check. For most people with immigration permission (for example a biometric residence permit holder, EU Settlement Scheme status or a visa), they give you a share code and their date of birth, and you check them at GOV.UK View a job applicant's right to work. Save the result.
Manual document check. For British and Irish citizens you can check original documents, such as a passport, in their presence, then make and keep a copy and record the date.
Digital verification service check. For British and Irish citizens with a valid passport, a registered digital verification service provider (often called an IDSP) can check the document online. You still decide whether the check is satisfactory.

Whichever method you use, check that the photo matches the person, that the document is valid, and that any conditions allow the work. For cleaning, the usual one to watch is students' limited working hours.

What about cleaners who already work for you?

The Home Office code of practice says the new penalties apply to engagements that start on or after 1 October 2026. Self-employed cleaners already working for you before that date aren't covered retrospectively.

Many contractors check them anyway. It costs little, your clients are likely to ask whether everyone on their sites has been checked, and any follow-up check that falls due after 1 October has to meet the new code. If you're unsure about a particular arrangement, take advice.

Stand-ins and substitutes

Some self-employed cleaners can send someone else in their place. The new code deals with this directly:

a substitute needs their own right-to-work check before they work
you can't leave that check to the cleaner who's sending them
you need a sensible way to confirm that the person who turns up is the person you checked, such as ID passes, a photo check at the start of a shift, or periodic re-checks of identity

What to keep

If you're ever fined, your defence is called a statutory excuse. It only works if you can prove you did the right check at the right time. For each cleaner, keep:

a copy of the document, or the online check result
the date of the check, and who did it
the date any permission runs out, with a recheck booked before then

Keep these records for as long as the cleaner works for you and for two years afterwards, stored securely, because they're sensitive personal data.

What's at stake

	Maximum civil penalty per person working illegally
First breach	£45,000
Repeat breach	£60,000

Knowingly using someone who isn't allowed to work is also a criminal offence, with unlimited fines and possible prison sentences.

How RotaProof helps

RotaProof is right-to-work software made for cleaning contractors. You record each check once, including for self-employed and agency cleaners. It reminds you before anyone's permission runs out, stops unchecked people going on the rota, and gives you an inspection pack in one download. You can try it free for 30 days.

Try the demo, no sign-up needed Start free trial

Sources

This guide explains the rules as we understand them on the date above. It isn't legal advice. The Home Office's guidance and code of practice are the final word, and if your arrangements are complicated, get advice from an immigration or employment lawyer.