Right-to-work rules extend liability through construction supply chains

Contractors face new responsibilities for labour supplied through subcontracting chains as expanded right-to-work rules come into force.

ADVERTISEMENT

Construction companies using subcontractors to deliver work for clients can now face civil penalties for illegal working further down their supply chain.

The changes took effect across the UK on 1 October. They also bring worker’s contracts, individual subcontractors and certain online matching services into the right-to-work regime.

Penalties can reach £60,000 per illegal worker where a business is liable and cannot demonstrate that it met the required checks or safeguards.

Supply chain responsibilities

The Home Office’s updated guidance uses a housebuilding contractor as an example: a company contracted to build homes engages other businesses to carry out parts of the project.

In that arrangement, liability can extend beyond the employer directly engaging a worker. It does not automatically apply to every company in the chain, and the direct employer remains responsible for the original right-to-work check.

To protect themselves against extended liability, contractors must have a written statement in place before work starts, setting out the required terms for subcontractors.

These include checking workers’ eligibility, obtaining written consent before further subcontracting, passing equivalent obligations down the chain and allowing compliance audits. Contracts must also provide for action where illegal working is found and co-operation with Home Office investigations.

The revised code requires proportionate systems to confirm that the person doing the work is the person who was checked. Contractors can rely on another firm’s systems where they take reasonable steps to establish that those systems work.

Existing contracts

Arrangements made before 1 October are not brought into the extension simply because work continues. Renewals and variations must be considered according to whether they create a new contractual arrangement.

Standard agency arrangements, where an agency supplies workers into a hirer’s own operations, do not require routine duplication of the agency’s checks.

The Home Office says there is no general grace period for the new rules. Whether an arrangement is covered depends on how it works in practice, rather than the label given to a worker or subcontractor.

Daniel Norton
Daniel NortonFounder & Editorhttps://www.scaffmag.com
Daniel Norton is the founder and editor of Scaffmag and Editor-in-Chief of Scaffold & Access Magazine. A former scaffolder, he founded Scaffmag in 2008 and now leads its news and editorial coverage of the global scaffolding and access industry, including safety, regulation, business, innovation and major industry events.

Most popular ↑

PHD Access announces €37.7m investment for European expansion

PHD Access has announced a €37.7m investment from MML Ireland and Goodbody to support European growth and acquisitions, subject to regulatory approval.

CISRS says CSCS notice was served to negotiate “from a stronger position”

NASC president Sarah Klieve says CISRS served CSCS notice to negotiate from a stronger position, as Build UK says the card rules don’t block other sectors.

Taylor Wimpey faces union challenge over notices to 19 scaffolders

Unite says 19 directly employed scaffolders and 31 joiners in the North East have received dismissal notices amid a dispute over proposed changes to pay and bonuses. Taylor Wimpey says discussions are continuing.

Two workers hospitalised after partial collapse at Banbury construction site

Two workers were taken to hospital after a partial collapse at a Banbury construction site on 21 October. HSE says it is making enquiries, according to Construction Enquirer.

Scaffold Innovations: GapClamp™

  Since the Work at Height Regulations 2005 came into...

Latest news

Belfast scaffolding firm fined after driver killed by falling board

HSENI found inadequate exclusion zone controls after Samuel Magill was struck by a falling metal scaffold board during dismantling work in Belfast.
- Advertisement -
More from

Belfast scaffolding firm fined after driver killed by falling board

HSENI found inadequate exclusion zone controls after Samuel Magill was struck by a falling metal scaffold board during dismantling work in Belfast.

Storm Boelo brings weekend wind warnings to northern UK

Storm Boelo brings wind warnings for 24–25 October across northern UK, as the Met Office brings forward Storm Austen’s amber warning.

Storm Austen brings amber wind warning for south-west England

An amber wind warning runs from 01:00 to 10:00 BST on Friday 23 October, with gusts around 80mph possible on exposed headlands.

Two workers hospitalised after partial collapse at Banbury construction site

Two workers were taken to hospital after a partial collapse at a Banbury construction site on 21 October. HSE says it is making enquiries, according to Construction Enquirer.
Latest articles