A change to the UK’s right-to-work checking system is set to give some British and Irish workers greater flexibility when proving their eligibility to work, as new digital verification rules begin to take effect.
The Government confirmed on 3 September that version 1.1 of the supplementary code governing digital right-to-work checks came into force on 2 September 2026. The code forms part of the UK’s developing digital identity framework and applies to digital verification services conducting right-to-work checks using British and Irish passports and Irish passport cards.
For workers, however, one of the most practically significant changes arrives on 1 October 2026.
From that date, regulatory changes will allow a wider range of evidence to be used through qualifying digital verification services, including certain recently expired passports.
What is changing on 1 October?
Under the new framework, a British passport, Irish passport or Irish passport card that expired within the previous six months can potentially be used to create the identity required for a digital right-to-work check.
There are safeguards.
The supplementary code says that where an expired passport or passport card is used, its cryptographic security features must be confirmed as genuine as part of the validity check. The document must also satisfy the applicable validity requirements and must not be visibly clipped.
This means workers should not interpret the change as allowing any expired passport to be accepted automatically.
It specifically concerns qualifying digital right-to-work checks carried out through appropriate digital verification services.
Why this matters to people starting jobs
Right-to-work checking is an important part of recruitment in the UK.
Employers are required to establish that someone has the legal right to undertake the work being offered. Depending on the person’s circumstances, different checking methods can apply. Government guidance includes manual document checks, Home Office online checks and digital identity verification.
For a British or Irish worker whose passport has recently expired, the October change could therefore remove a practical obstacle during recruitment.
The existing employer guidance illustrates the distinction particularly well. It currently says expired British and Irish passports can be accepted for prescribed manual checks, while expired passports cannot currently be relied upon for the digital verification route.
The rules taking effect in October change that digital position for recently expired qualifying documents.
Digital recruitment is developing quickly
There is a broader story behind the passport change.
Recruitment and employment administration are becoming increasingly digital.
The new framework also expands the role of digital holder services. These can be used in circumstances where it is necessary to confirm that somebody carrying out work is the same person whose right to work has previously been checked.
That potentially makes digital identity increasingly important beyond the initial recruitment process.
For The Workers Union, this is a development worth watching carefully. Technology can make recruitment faster and remove unnecessary administrative barriers, but workers also need clear information about what is being checked and why.
Workers should prepare before starting a new job
Anyone beginning a new job should continue to make sure their employment documentation is in order.
The Workers Union’s guidance on working without a contract of employment explains that workers should keep important employment documentation and written records from the beginning of the working relationship.
Workers can also review Workers’ rights in the UK, which includes information about right-to-work checks and other fundamental workplace requirements.
Those currently looking for their next opportunity can also access The Workers Union jobs service.
From 1 October, somebody with a recently expired British or Irish passport should not simply assume that it will be rejected from a digital right-to-work check. Instead, they should establish which checking method the prospective employer is using.
Equally, an expired passport being permitted within the new digital framework does not mean that an individual’s underlying legal entitlement to work can itself have expired.
That distinction is particularly important for people whose right to work depends upon immigration status. GOV.UK provides separate procedures for demonstrating immigration status, including eVisas and share codes where applicable.
Employers also need to prepare
The change is significant for businesses and HR departments.
The Government says that from 1 October, where employers use a digital verification service for a qualifying right-to-work check, they must use a service certified and registered against the digital verification services trust framework and relevant supplementary code to obtain the associated statutory protection.
Employers should therefore ensure their recruitment systems and providers reflect the updated framework rather than assuming existing procedures automatically comply.
The Government’s guidance on avoiding discrimination when preventing illegal working has also been updated ahead of 1 October. It emphasises equal treatment and safeguards for people who cannot access digital services.
That point should not be overlooked.
Digitalisation should make recruitment more efficient, but it should not create unnecessary barriers for people who cannot easily navigate digital identity systems.
A small change with potentially significant practical benefits
Allowing a recently expired passport into the digital checking process might appear to be a relatively technical regulatory amendment.
For somebody who has just secured a job, however, administrative problems during onboarding can be anything but minor.
The October changes should provide greater flexibility while retaining verification safeguards.
The Workers Union will continue to monitor developments affecting recruitment, digital identity and the way technology is changing the relationship between workers and their workplaces.
For UK workers preparing to start a new role, the practical message is straightforward: check your documentation early, understand which right-to-work method your employer intends to use, and do not assume that a recently expired British or Irish passport necessarily prevents a digital check after the new rules take effect.
